People's deputies want to abolish the mechanism of exemption from responsibility for military personnel who have self-willedly left a unit for the first time or committed desertion. UNN investigated how people's deputies want to punish military personnel, and how many proceedings for unauthorized abandonment of a unit and desertion have been registered since the beginning of the full-scale invasion.
What preceded
In August last year, the Verkhovna Rada adopted a law on the exemption of military personnel from criminal liability for the first unauthorized abandonment of a unit and desertion. According to it, a person who, during martial law, committed criminal offenses for the first time under the articles "Unauthorized abandonment of a unit" and "Desertion" may be exempted from criminal liability if they voluntarily applied with a petition to the investigator, prosecutor, or court about their intention to return to service.
Military personnel will be able to return not only to the unit in which they served, but also to others, but with the consent of the commander and only once.
In May of this year, the parliament adopted a bill to extend the period of voluntary return to service for military personnel who have self-willedly left a unit, until August 30.
What people's deputies are proposing now
On Thursday, September 4, the Verkhovna Rada at a regular meeting adopted as a basis bill No. 13260, which provides for the return of criminal liability for unauthorized abandonment of a military unit.
According to the draft law, it is proposed to exclude Article 401 of the Criminal Code of Ukraine, according to which a person who, during martial law, committed a criminal offense for the first time under the articles "Unauthorized abandonment of a unit" and "Desertion" may be exempted from criminal liability if they voluntarily applied with a petition to the investigator, prosecutor, or court about their intention to return to this or another military unit or to the place of service to continue military service.
Due to the exclusion of Article 401, the corresponding procedure for exemption from criminal liability from Articles 286 and 288 of the Criminal Procedure Code is also canceled.
Instead, the procedure for regulating return from unauthorized abandonment of a unit and after desertion is moved to the transitional provisions of the Criminal Code and the Criminal Procedure Code and will now apply only to those who committed unauthorized abandonment of a unit or desertion before the new law came into force.
People's deputies propose to add a norm according to which a person who, before the new law came into force, committed unauthorized abandonment of a unit or desertion for the first time, may be exempted from criminal liability on the grounds and in the manner that were in force before the said law came into force.
Simply put, for those who commit unauthorized abandonment of a unit or desertion after the new law is adopted in its entirety and comes into force, the mechanism of exemption from criminal liability will no longer work.
Also, military personnel will be exempted from responsibility who, before the new law came into force, committed unauthorized abandonment of a unit or desertion for the first time and have already voluntarily returned to service and continued to perform their duties. They are exempted from criminal liability if, after returning, they continued to perform military service duties for at least 3 months.
Rada reinstates criminal liability for AWOL: what is known04.09.25, 13:04 • [views_51176]
What is unauthorized abandonment of a unit and desertion, and what is the punishment for it
According to Article 407 of the Criminal Code, unauthorized abandonment of a unit in conditions of martial law is the unauthorized abandonment of a military unit or place of service by a serviceman, as well as his failure to appear on time for service without valid reasons, committed in a combat situation, as well as the same actions lasting more than three days. For such an offense during martial law, punishment in the form of imprisonment for a term of five to ten years is provided.
According to Article 408 of the Criminal Code, desertion, i.e., unauthorized abandonment of a military unit or place of service with the aim of evading military service, as well as failure to appear for service with the same aim in case of appointment, transfer, from a business trip, leave or from a medical institution, committed in conditions of martial law or in a combat situation - is punishable by imprisonment for a term of five to twelve years.
Statistics of open criminal proceedings since the beginning of the war
As UNN was informed by the Prosecutor General's Office in response to a request, the total number of registered criminal offenses in 2022-2025:
- under Article 407 of the Criminal Code of Ukraine (unauthorized abandonment of a military unit or place of service) - 202,650;
- under Article 408 of the Criminal Code of Ukraine (desertion) - 50,029.
Total number of criminal offenses in which proceedings were closed:
- under Article 407 of the Criminal Code of Ukraine - 3,843;
- under Article 408 of the Criminal Code of Ukraine - 530.
Total number of criminal proceedings sent to court:
- under Article 407 of the Criminal Code of Ukraine - 12,448,
- under Article 408 of the Criminal Code of Ukraine - 670.