The first desertion or AWOL of a unit was decriminalized in Ukraine

Author:
Liza Brovko
Date:

In the second reading, the Verkhovna Rada (the Ukrainian Parliament) adopted Law No. 11322, which decriminalizes desertion and absence without leave (AWOL), if it happened for the first time.

The law amends the Criminal Code: now, during martial law, military personnel who have deserted for the first time or AWOL a unit will be released from liability if they voluntarily return to their duty station.

The explanatory note states that the commander of the military unit of such a soldier must agree to his return. The consent must be in writing, it is handed over to the prosecutor, and he can petition the court for the release of the military officer from criminal liability.

If the court decides to release the soldier from liability, then when he returns to the service, he will be reinstated with monetary payments and security. He will not be paid during his absence from the service.

Also, in the explanatory note, it was noted that only in January-April 2023, 10 584 criminal proceedings were registered under the article on AWOL and 7 306 proceedings for desertion.