The criminal responsibility of military personnel for voluntarily leaving a military unit or place of service, as well as for not reporting for duty without valid reasons during martial law or in combat conditions, is provided for in Part 5 of Article 407 of the Criminal Code of Ukraine:
"Unwillingly leaving a military unit or a place of service, as well as failure to report for duty without valid reasons in conditions of martial law or in a combat situation, is punishable by imprisonment for a term of five to ten years."
What is martial law and combat situation?
Martial law is a special legal regime introduced in Ukraine or in some of its regions in the event of armed aggression. Martial law was declared on the territory of Ukraine by Decree of the President of Ukraine No. 64/2022 from 05:30 on February 24, 2022.
A combat situation is a situation that develops during the conduct of hostilities, including offensive, defensive or other military operations, such as tank, anti-aircraft or naval combat. It is defined by the direct use of military weapons and equipment against the enemy or from the enemy. The combat situation begins and ends from the moment of the order to enter the battle (or its termination) or from the actual beginning (completion) of the battle.
What is the location of the military unit and the place of service?
The location of a military unit is the territory where the units and services of the military unit are located. Although the boundaries of this area may not be marked by a fence, they are usually defined by order of the unit commander and depicted on a plan or diagram. The territory of a military unit may not coincide with the boundaries of a military garrison. The territory of a military unit also includes the territory of a warship.
What is Absenteeism and Absenteeism?
Arbitrarily leaving a military unit or place of service is leaving without permission (order) from the superior (commander). It is not considered arbitrary to leave with the permission of the commander, when carrying out his orders, during a business trip, moving to a new location of the unit, treatment, transfer, rotation, leave or training, provided that all these circumstances are confirmed by relevant documents or the commander's order.
Failure to report for duty on time means that the serviceman left the location of the unit or the place of duty in accordance with the law, but did not return within the prescribed period after discharge, business trip, leave or treatment without valid reasons. Late return is not in itself a crime; however, in the absence of valid reasons, this may constitute a crime.
Important reasons for the delay can be illness, natural disaster and other extraordinary circumstances, which are confirmed by relevant documents. For example, unforeseen obstacles in communication, illness, fire, death or serious illness of family members of a serviceman can be recognized as valid reasons. The decision on the validity of the reasons is made in each specific case, taking into account the circumstances of the case. The commander's lack of evidence of the reasons for the military serviceman's abandonment or non-appearance obligates him to report this to the command and to inform the law enforcement agencies of the military service.
Actions of the command upon detection of voluntary abandonment of a military unit or place of service
When voluntarily leaving a military unit (SZCH) or a place of service, as well as in cases of failure to report for duty without valid reasons, failure to appear from a business trip, vacation or medical institution, as well as in case of transfer or assignment to a new place of service, the commander of the military unit shall to report to his immediate commander and to inform the head of the law and order military service body verbally within a day after the violation is established. After the verbal notification, the commander submits a written report within the next 24 hours.
If the weapon was accidentally abandoned, the operative on duty of the military unit must immediately report to the commander of the unit and notify the operative on duty body of the military law and order service.
The commander is obliged to take measures to detain a subordinate who has committed a criminal offense related to voluntarily leaving a part or place of service, and immediately deliver the detainee to an authorized person or inform about the detention and location of a person suspected of a criminal offense.
Among the measures that can be taken is an official investigation. This investigation is conducted to determine the illegal actions, the degree of guilt of the serviceman, as well as the reasons and conditions of the violation.
Actual questions - the answer
Question
What measures should be taken by the commander in case of detection of voluntary abandonment?
Answer
The commander is obliged to take measures to detain a serviceman who voluntarily left a part or place of service and ensure his immediate delivery to an authorized person. If apprehension is not possible, the commander must notify the authorized person of the apprehension and location of the suspect.
Question
What is the role of official investigation in cases of voluntary abandonment?
Answer
The official investigation is appointed to establish illegal actions, the degree of guilt of the serviceman, as well as the reasons and conditions of voluntary abandonment. It is carried out on the written order of the commander and must be completed within a month from the date of appointment. The results of the investigation are drawn up in the form of an official investigation report.
Question
What consequences may arise for a military serviceman in case of voluntary abandonment of a military unit?
Answer
Consequences may include disciplinary action, dismissal, suspension of benefits, and removal from the unit. A military serviceman may also be held criminally liable if the violation is recognized as serious.
The importance of ordering legal support for SZCH
First, it is important to consider and analyze in detail the grounds for submitting an application, as well as the reasons and circumstances of your absence or leaving the unit. It is also important to establish whether you were really included in the category of "voluntarily leaving the unit", who did it and when, and at what stage of the investigation your case is - whether it is an internal official investigation in the military unit, whether the case has already been transferred to the State Bureau of Investigation, or you have already been declared suspicious, etc. In-depth knowledge and high qualifications are required to perform all these tasks, therefore, without the involvement of an experienced lawyer, it is difficult to avoid initiating a criminal case.
If you have been accused of arbitrarily abandoning a part, we recommend that you contact qualified lawyers from the website consultant.net.ua. Our lawyers have considerable experience in working with similar cases and are ready to provide you with effective protection of your rights and interests. Using the services of a lawyer in cases of voluntary abandonment of a part, you can count on a professional approach and high quality legal assistance. Our lawyer, who specializes in Article 407 of the Criminal Code of Ukraine, will provide you with the necessary support at any stage of the process, the price of the consultation is indicated on our website.
Voluntary desertion is a serious violation of military discipline that can have serious consequences for a serviceman. Servicemen and officers who did not have a permit, did not follow an order or ignored official duties can be brought to justice. Accusations can be avoided only if there are good reasons. Together with qualified lawyers, you can ensure a fair resolution of issues and protect the interests of participants in the legal process. Lawyer at the SZCH, defense in court, Article 407 of the Criminal Code, 407 of the Criminal Code, pre-trial defense, Lawyer of the VDU, Lawyer 407 CKU, Lawyer at the VDU, Article 407 CKU.
