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Publication date: 23.10.2024
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Voluntary abandonment of a part is a serious military offense, which consists in the fact that a serviceman leaves the place of duty, where he is obliged to perform his duties, without the permission of the command. This is a violation of military discipline, and is punishable by law.
The main aspects of voluntarily leaving a military unit:
- Composition of the offense: a serviceman leaves a military unit, training ground, post, or other place of service without the permission of the command or other authorized person. Actions are qualified as voluntary abandonment if the serviceman is absent without valid reasons.
- Duration of absence: if a serviceman is voluntarily absent for less than three days, this may qualify as a disciplinary offense. Absence for more than three days is considered a more serious offense and may result in criminal liability.
- Motives and reasons: motives for voluntary abandonment can be different: personal problems, unwillingness to continue service, mental or physical stress. However, regardless of the motives, this is a violation of military law.
Responsibility for the voluntary abandonment of a military unit:
- Disciplinary action: If the absence lasts for a short period (up to three days) and there are no significant consequences, the service member may be subject to disciplinary action, such as reprimand, demotion, delayed pay or other internal sanctions.
- Criminal responsibility: according to Article 407 of the Criminal Code of Ukraine, the voluntary abandonment of a military unit for more than three days or more than one month during martial law or hostilities is classified as a crime.
Absence from 3 to 10 days is punishable by arrest for up to 6 months or disciplinary battalion for up to 2 years; absence for more than 10 days - punishable by imprisonment for up to 5 years; absence during martial law or in a war zone is punishable by imprisonment for up to 7 years.- Aggravating circumstances: during the period of martial law or active hostilities, voluntary desertion of a military unit qualifies as a particularly serious crime and may have serious consequences. If such actions led to serious consequences for the service (for example, undermining the combat readiness of the unit), responsibility may be increased.
In the event of an accusation of voluntarily leaving a military unit, a serviceman should contact a lawyer to properly protect his rights. A lawyer at the SZCH legal service "Consultant" can help in collecting evidence that will confirm the existence of good reasons or mitigating circumstances.
Question
What are the consequences of staying in the SZH, depending on the term?
Answer
Voluntary abandonment of a part and its consequences depend on the period of absence, the circumstances of the violation and the period (peacetime or wartime). Each stage of absence carries a different degree of responsibility, which can vary from disciplinary sanctions to criminal liability.
The consequences of voluntarily leaving a military unit, depending on the term:
- Arbitrary absence up to 3 days: short-term arbitrary absence (desertion up to 3 days) is considered as a disciplinary violation in the form of a reprimand or warning. reduction in position or restriction of rights for a certain period (for example, deprivation of additional vacations), withholding from wages. Such absence does not entail criminal liability, but depending on the circumstances (systematic violation or other aggravating circumstances), stricter disciplinary sanctions may be applied.
- Arbitrary absence from 3 to 10 days: the arbitrary leaving of a military unit for more than 3 days already qualifies as a serious violation. Article 407 CKU, the punishment can be as follows: arrest for a term of up to 6 months. referral to the disciplinary battalion for up to 2 years. If a serviceman returns to service on his own or for objective reasons within 10 days, the court may consider extenuating circumstances, but the punishment is still prescribed.
- Arbitrary absence of more than 10 days, but less than 1 month: this already qualifies as a serious violation, which is considered as desertion or voluntary abandonment of the place of service and is punishable by imprisonment for up to 3 years. In some cases, referral to the disciplinary battalion is possible. The longer the period of absence, the more severe the punishment. If the absence becomes systematic or leads to the disruption of military operations, responsibility may be increased.
- Arbitrary absence for more than 1 month: desertion for a period of more than 1 month is classified as a serious crime and is punishable by imprisonment for a period of 3 to 7 years. In the absence of aggravating circumstances, the court can impose a minimum sentence, but in most cases this entails a real prison term. If the serviceman returns to duty on his own or there are circumstances that explain a long absence (for example, a serious illness or an emergency), the court can consider these facts and reduce the punishment.
- Arbitrary absence during martial law or hostilities: qualifies as a particularly serious crime and is punishable by imprisonment for a period of 5 to 10 years. In the case of particularly serious consequences for combat operations (for example, disruption of combat missions due to the absence of a serviceman), the maximum punishment is possible. During the period of martial law, the courts treat such offenses harshly, and even with extenuating circumstances, they can impose significant terms of imprisonment.
The consequences of voluntarily leaving a military unit depend on the duration of the absence, the circumstances and the period. The shortest periods of absence can be considered disciplinary violations, while long absences, especially during martial law, carry serious criminal liability, including many years in prison. The legislation also provides for the possibility of suspension of criminal proceedings under certain conditions, but this does not always mean the complete closure of a criminal case.
A Lawyer of the VDU can provide important assistance to a serviceman during voluntary desertion at various stages of the process, including pre-trial defense, defense in court — from the initial investigation to the trial. His role is to protect the rights of the serviceman, collect evidence, mitigate possible punishment and ensure a fair trial.
How exactly can a lawyer at SZCH legal service "Consultant" help:
consultation and assessment of the situation;
protection during pre-trial investigation;
collection of evidence for the defense of a serviceman;
representation in court, etc.
A Lawyer at the VDU in the defense of a serviceman during the VDU. Specialists of the legal marketplace "Consultant" help to properly prepare the defense, collect the necessary evidence, represent interests in court and during the investigation, and can also achieve mitigation of punishment or avoidance of criminal liability, depending on the circumstances.
