In Ukraine, unauthorized abandonment of a military unit (AWOL) or place of service is punishable by imprisonment for a term of 5 to 10 years, but this liability can be avoided. How to do this and what is the algorithm for returning to service - lawyer Maryna Bekalo explained in a comment to UNN.
Responsibility for AWOL
As Bekalo said, according to current legislation, responsibility for actions such as unauthorized abandonment of a military unit or place of service by a serviceman, failure to report for duty on time for more than 3 days without valid reasons, committed in a combat situation or under martial law, is provided for by Article 407 of the Criminal Code in the form of imprisonment for a term of 5 to 10 years.
Exemption from liability
The lawyer notes that, in accordance with Article 401 of the Criminal Code, a serviceman who has committed an offense under Article 407 of the Criminal Code may be exempted from criminal liability if he voluntarily applied with a petition to the investigator, prosecutor, or court about his intention to return to this or another military unit or to the place of service to continue military service and if there is a written consent of the commander (chief) of the military unit (institution) to continue military service by such person.
Algorithm for returning to service
According to Bekalo, if a serviceman was AWOL for more than 3 days and if information was entered into the Unified Register of Pre-trial Investigations by law enforcement agencies and criminal proceedings were initiated, in order to be exempted from criminal liability, the serviceman must:
Submit a report via the Army+ application to obtain written consent for further military service. Officials of the Military Law Enforcement Service of the Armed Forces of Ukraine process such reports.
After receiving the report, the Military Law Enforcement Service organizes interaction with the serviceman, verification and clarification of the personal data of this serviceman, as well as documents necessary for him to continue military service, and also interaction with the command of the reserve battalion.
After receiving confirmation in Army+, the serviceman has 24 hours to arrive at the relevant Military Law Enforcement Service management body, receive an order there and go to the reserve unit. While his case is being considered, the serviceman is in the reserve unit.
After receiving written consent from the military command, the serviceman must submit a petition to the prosecutor, the pre-trial investigation body (SBI or National Police) or the court, stating his intention to return to service.
After considering the petition and the consent of the command, the materials for release are sent to the court, which makes the appropriate decision.
Having received the court decision, the serviceman provides the decision to the commander and returns to service, to the previous place of military service, or possibly to another military unit. All these issues are resolved during the transfer of materials to the court, which makes the appropriate decision regarding the return of the serviceman to the place of military service.