What liability is provided for desertion?

After the beginning of the full-scale invasion of the Russian Federation on independent Ukraine, a full-scale mobilization was announced, as a result of which representatives of various social groups began to be called up to the Armed Forces of the country. This led to an increase in cases of desertion and voluntary abandonment of the military unit, caused by objective and subjective reasons, including psychological pressure and unfavorable service conditions. Therefore, it is important to be aware of the consequences that await those who left military service without permission, as well as the importance of the legal support of a military lawyer.

The difference between desertion and voluntary abandonment of a military unit

The Criminal Code of Ukraine defines two different concepts — voluntary abandonment of a military unit or place of service (SZH) and desertion, which differ in terms of time frame and intent.

Arbitrarily leaving a military unit involves the return of a serviceman to service outside of the established terms.

Desertion is also a form of voluntarily leaving a military unit, but differs in that the soldier has no intention of returning, and it is considered a permanent act.

Punishment for voluntarily leaving a military unit in Ukraine

In Ukraine, the punishment for voluntarily leaving a military unit (SZH) depends on the period of military absence:

• More than three days, but not more than a month - detention in a disciplinary battalion for a term of up to two years or imprisonment for a term of up to three years.
• More than ten days, but not more than a month, or less than ten days, but more than three days, if committed repeatedly within a year - a fine from one thousand to four thousand non-taxable minimum incomes of citizens or official restriction on a term of up to two years, or imprisonment for a term of up to three years.
• More than one month - deprivation of liberty for a term of two to five years.
• Committing actions lasting more than three days in a special period, with the exception of martial law, entails deprivation of liberty for a period of three to seven years.
• SZCH or failure to report on time for duty in a combat environment, as well as the same actions lasting more than three days, committed under martial law - deprivation of liberty for a term of five to ten years.

Now, since Ukraine is under martial law, the last sentence is used for punishment.

Punishment for desertion

Under normal conditions in Ukraine, desertion is punishable by imprisonment for a term of two to five years. . Desertion with a weapon or with the prior conspiracy of a group of persons involves deprivation of liberty for a period of five to ten years.

In the case of martial law or martial law, desertion is punishable by imprisonment for five to twelve years.

What is not considered desertion or NWZ

The following cases are not considered voluntary leaving the place of service:

• leaving the military unit with the appropriate permission of the commander;
• being on a business trip;
• implementation of the commander's order;
• stay in treatment;
• rotate or move;
• stay in education;
• being on vacation.

The role of lawyers in desertion cases

In desertion cases, the role of a lawyer is key, as a military lawyer provides advice on military law, conducts a legal analysis of the situation and prepares the necessary documents. Consulting a lawyer allows servicemen to understand their rights and responsibilities, and legal protection in court and other instances ensures a fair trial.

With the help of the Consultant legal services service, you can get professional legal assistance and advice on military law from qualified military lawyers.

If you are accused of acts that could be classified as desertion, but you are sure of your innocence, it is important to ensure that your rights are protected.