Suspension of payments to military personnel in AWOL - Ministry of Justice announces return mechanism
Kyiv • UNN
Unauthorized abandonment of a unit leads to suspension of financial allowance and benefits. For those who commit AWOL for the first time during martial law, it is possible to voluntarily return and avoid criminal liability.
Unauthorized abandonment of a military unit has not only criminal legal consequences. The serviceman's monetary allowance is suspended, as well as the provision of other types of support, benefits and guarantees. This is reported by UNN with reference to the Ministry of Justice of Ukraine.
Details
At the same time, current legislation provides a mechanism for voluntary return to service for those who have committed AWOL for the first time during martial law. Under the conditions specified by law, this allows them to be released from criminal liability, reinstated in service, and have their monetary allowance restored. According to part five of Article 401 of the Criminal Code of Ukraine, such a person may be released from criminal liability if they have expressed a desire to continue military service and have followed the procedure defined by law
If a serviceman was absent for no more than three days, criminal liability does not arise. For this, it will be sufficient to return to their military unit, after which all types of support are restored, the department noted.
In addition, if unauthorized abandonment of a unit during martial law occurred for the first time, the serviceman may use the voluntary return procedure. To do this, it is necessary to:
- contact their own or another military unit,
which is ready to accept them for service;
- obtain written consent from the commander for further
service;
- submit a petition about the intention to return to the body
of pre-trial investigation, the prosecutor, or the court;
- after the court issues a decision on release from
criminal liability, provide it to the commander and reinstate in service.
You can also submit a report about the return through the "Army+" application. It is processed by officials of the Military Law Enforcement Service.
However, if AWOL was committed repeatedly or the serviceman has no intention of returning to service, criminal liability arises in the form of imprisonment for a term of 5 to 10 years