Can unauthorized absence from a military unit occur without serious consequences?

Unauthorized absence from a military unit (AWOL) is a serious breach of military discipline and is subject to criminal liability under the Criminal Code of Ukraine. Such an act can have severe consequences for the servicemember, including:

• Criminal liability: depending on the circumstances, the servicemember can be prosecuted under Article 407 of the Criminal Code of Ukraine. Penalties can range from fines to imprisonment for up to seven years.
• Disciplinary liability: even if criminal prosecution is avoided, the servicemember may face disciplinary sanctions such as demotion, loss of awards, or other types of penalties.
• Impact on career: AWOL can negatively affect the servicemember's future military career, making it impossible to receive promotions or certain positions.

Lack of competent legal support can lead to harsh consequences, even if you have valid reasons for such actions. A lawyer specializing in unauthorized absence cases can help gather evidence to support your position, prepare documents, and represent your interests in military prosecution or court.

However, there are certain circumstances that can mitigate the punishment or even exempt from it.

A military personnel with unauthorized absence (UA) can voluntarily return to duty by January 1, 2025, without any punishment, exempt from criminal liability, and with the restoration of all social benefits.

The commander of the unit must extend the contract no later than 72 hours after the servicemember returns from the SDC. The commander is obligated to inform the pre-trial investigation body and the military law enforcement service about the contract extension.

According to the latest amendments to the law, it is possible to change the place of service if there is agreement from the two unit commanders – the one from which the servicemember is leaving and the one to which they wish to move.

Mitigating Circumstances for AWOL

For example, servicemembers sometimes leave the unit due to conflicts, health issues, or other circumstances. However, the law provides for liability for such actions, which can range from disciplinary penalties to criminal prosecution. Nevertheless, mitigation may be provided by voluntary return. If a servicemember voluntarily returns to the military unit and explains the reasons for their unauthorized absence, this may be taken into account when determining the punishment. Also the presence of valid reasons (such as family circumstances, threat to life, etc.) can be considered by the court as mitigating factors.

Obtaining Assistance from a Military Lawyer for Unauthorized Absence

Obtaining assistance from a military lawyer for AWOL is an important step to minimize potential consequences and protect the rights of the servicemember. A military lawyer can:

1. Provide consultation and assess the circumstances and consequences. Understand the legal consequences of your actions, assess the circumstances of the case, and provide recommendations on further actions.
2. Help prepare necessary documents. Assist in preparing the necessary documents to explain the reasons for unauthorized absence, which can be submitted to the command or court.
3. Represent your interests in court. Defend you against unfounded accusations and help achieve the most favorable verdict.
4. Facilitate negotiation with the command. Mediate the negotiation process with the command to resolve the conflict before it goes to court, if possible.
5. Help identify and document mitigating circumstances. Such as severe family circumstances, health issues, etc.
6. Provide recommendations on future service. After resolving the situation, the lawyer will provide advice on further service and how to avoid similar situations in the future.

For qualified assistance, it is important to contact services of a military lawyer. This could be a military attorney or a lawyer with experience working with servicemembers.