What is an UAU and how to avoid punishment

What is Unauthorized Absence from a Unit?

Unauthorized absence from a military unit (UA) is an act where a serviceman leaves the place of service, such as a barracks location, combat position, or camp location, without permission or fails to report for duty after a temporary assignment, leave, or medical treatment. UA is considered a violation of military discipline and is regulated by Article 407 of the Criminal Code of Ukraine. It may apply to both contract soldiers and mobilized servicemen. Unauthorized absence from a unit (UA) is a serious violation for servicemen, which can lead to significant legal consequences, especially during martial law. However, thanks to new legislative changes in Ukraine adopted in August 2024, first-time offenders have the opportunity to avoid criminal liability if they voluntarily return to service. Importantly, UA is not always caused by an intentional desire to evade service. Sometimes, it results from personal circumstances, such as family issues, psychological stress, or misunderstandings with command. Regardless of the reasons, timely consultation with a lawyer can help protect a serviceman’s rights and find a legal resolution to the situation.

What is the Liability for UA During Martial Law?

UA liability during martial law is significantly stricter than in peacetime due to the heightened need for discipline and combat readiness. According to the UA article (Art. 407 of the Criminal Code of Ukraine), punishment for UA may include:

Administrative liability for short-term UA (up to a few days) if the violation is minor. This may include a fine or disciplinary action.

Criminal liability for prolonged UA or repeated violations, which may result in imprisonment for a term of 5 to 10 years, especially if UA occurs during martial law.

During martial law, amendments to Article 69 of the Criminal Code of Ukraine and amendments to Article 75 of the Criminal Code of Ukraine prohibit replacing punishment with a lighter one, such as a suspended sentence. This means that even for a first offense, a serviceman may face actual imprisonment. However, in some cases, such as voluntary return or cooperation with a lawyer, the punishment may be mitigated.

In addition, UA may lead to the loss of service seniority and the suspension of monetary allowances (UA salary). This creates additional financial difficulties for the serviceman and their family. To avoid such consequences, it is important to know how to avoid punishment for UA during martial law and seek consultation on military law.

Typical Examples of UAU:

• Failure to report for duty after the end of leave.
• Abandoning a combat position without permission.
• Absence from service after a temporary assignment without a travel certificate.

Example: One of our clients, a mobilized serviceman, did not return to his unit after leave due to family circumstances. With the help of a lawyer, he managed to avoid criminal liability by arranging a voluntary return.

Possible Consequences of UAU:

• Criminal liability with imprisonment.
• Suspension of military service and loss of monetary allowances.
• Disciplinary measures for minor cases.

Thanks to legislative changes, particularly to articles of the Criminal Code of Ukraine, servicemen now have a chance to avoid severe consequences if they act quickly and correctly.

How to Find Out if Someone is in UAU?

This question often arises among relatives or the serviceman themselves who have lost contact with their unit. To check the status, you can:

• Contact the military unit where the serviceman is assigned and clarify with the commander or personnel department whether the individual has been listed as UA.
• Submit a request to law enforcement agencies, such as the National Police, if there is suspicion that the individual has been declared wanted for UA during martial law.
• Seek consultation on military law, so a lawyer can officially send requests to the relevant authorities.

Typically, information about UA is recorded in the serviceman’s personal file, and in cases of prolonged violation, it is forwarded to law enforcement agencies to initiate a wanted status. If a serviceman fails to report for duty without valid reasons, the command may quickly initiate a wanted status for UA during martial law. For accurate verification, a lawyer can contact the military unit or law enforcement agencies on behalf of the client.

It is crucial to act promptly, as UA status affects monetary allowances and may lead to serious legal consequences. For example, if an individual is in UA, salary payments (UA salary) may be suspended, and service seniority is not accrued. To determine if someone is in UA, you can check their status through official databases of the Ministry of Internal Affairs or specialized services like Scanbe.io or Opendatabot. This allows you to find out whether a UA case has been filed and if the individual is wanted.

How to Check Status:

1. Visit the Ministry of Internal Affairs of Ukraine website and review the wanted databases.
2. Use the Scanbe.io service for a quick check.
3. Contact the military unit or law enforcement agencies.

Example: Relatives of one of our clients discovered through Scanbe.io that he was declared wanted for UA. A lawyer helped promptly contact the investigator and arrange a return, avoiding criminal proceedings.

Wanted Status for UA

Wanted status for UA during martial law is initiated if a serviceman fails to report for duty for an extended period and does not inform about their whereabouts. The search process works as follows:

• The military unit command records the UA fact and notifies law enforcement agencies.
• The serviceman is entered into the wanted database, which may lead to detention during document checks.
• Law enforcement conducts search operations, including checks at the place of residence or other known addresses.

How Quickly is a Wanted Status Initiated for UAU?

Typically, this happens within a few days after the violation is recorded, if the serviceman does not return or make contact. During martial law, this process is significantly accelerated due to heightened discipline requirements. For example, if a mobilized serviceman does not return after leave or a temporary assignment, a wanted status may be declared within 2-3 days.

A wanted status can have serious consequences, including arrest, trial, and imprisonment. However, voluntary return to the unit or cooperation with a military lawyer can help avoid the most severe consequences. A lawyer can contact the command to arrange a return and reduce the risk of criminal prosecution.

A wanted status for UAU during martial law begins quickly. The unit commander is obliged to report the violation within 24 hours, after which the data is entered into the Ministry of Internal Affairs databases. This can complicate the serviceman’s life, as their information becomes available to law enforcement.

Stages of the Wanted Process:

1. Notification by the commander within 24 hours.
2. Entry of data into law enforcement databases.
3. Publication of wanted information.

Example: One of our clients left his unit due to psychological stress and was declared wanted the next day. A lawyer helped him voluntarily return, resolving the wanted status issue.

How to Avoid Punishment for UAU?

To avoid punishment for UA during martial law, you should take advantage of the opportunities provided by the new law. The serviceman must voluntarily contact the investigator or prosecutor with the intent to return to service, and the commander must approve it. This is the main algorithm for first-time UA offenders.

Steps to Avoid Punishment:

• Contacting the investigator or prosecutor.
• Submitting a request to return to service.
• Obtaining the commander’s consent.

Common mistake: Ignoring the issue in hopes it will resolve itself. For example, one client hid for several weeks but eventually contacted us. A lawyer helped arrange a return and avoid imprisonment.

Administrative or Criminal Liability?

UA can lead to administrative or criminal liability depending on the circumstances. A short-term violation (e.g., up to 3 days) in peacetime might be considered administrative, but during martial law, even a minor failure to report is often classified as a criminal offense. The new law allows for mitigating consequences provided a return is made.

Example: One serviceman did not return from a temporary assignment due to illness but failed to report it. Initially, it was treated as a criminal case, but a lawyer proved it was an administrative violation, and the punishment was limited to a fine.

How Quickly is a Wanted Status Initiated for UAU?

After UA is detected, the unit commander must report it within 24 hours. The individual’s data is then entered into the Ministry of Internal Affairs databases, and a wanted status may begin the next day. For example, if a mobilized serviceman does not return from a temporary assignment without a travel certificate, they may be declared wanted quickly.

What are the Consequences of UAU?

What happens if you go UA? The consequences can be severe, especially if the issue is not addressed. A serviceman may face criminal liability, loss of salary due to suspension of monetary allowances, and social difficulties for their family.

Consequences of UAU:

• Criminal liability with imprisonment.
• Loss of monetary allowances.
• Issues with future employment.

Example: One of our clients lost payments because he ignored the issue for several months. A lawyer helped restore his status and return to service.

Can You Return from UAU?

How to return from UA? Yes, it is possible. According to the new law, first-time offenders can avoid punishment by contacting the investigator or prosecutor with a desire to return to service. The commander must approve this intent.

Steps for Return:

• Contacting the investigator or prosecutor.
• Submitting a request to return.
• Obtaining the commander’s consent.

Example: A mobilized serviceman left his unit due to family circumstances but, with a lawyer’s help, quickly returned without criminal consequences.

Simplified Return Mechanism for UAU Until August 30, 2025

Ukraine has reinstated a simplified mechanism for returning to military service for those who have unauthorizedly left their units or deserted. In August 2024, the President signed a law allowing servicemen to return to service without complex procedures until August 30, 2025.

Key Provisions:

• The simplified mechanism applies to those who left service before May 10, 2025.
• Servicemen can return to their own or another military unit.
• Possibility of exemption from criminal liability upon voluntary return.
• Use of the Army+ app for submitting a report and legal support.

What is the Simplified Return Mechanism?

The simplified mechanism allows servicemen who have unauthorizedly left their units (UA) or deserted before May 10, 2025, to voluntarily return to service by August 30, 2025. To do so, they must contact the Military Law Enforcement Service (VSP), reserve battalion, State Bureau of Investigation, or National Police, expressing readiness to continue service.

How Does the Mechanism Work?

• Contact: By August 30, 2025, the serviceman must voluntarily report to one of the specified authorities (e.g., VSP or reserve battalion) and declare their intent to return.
• Legal Support: The VSP provides consultations and issues a referral to the reserve battalion.
• Reinstatement of Service: Within 72 hours of the application, service is reinstated, and payments, allowances, and social guarantees are restored.
• Use of Army+: Through the Army+ app, a report can be submitted, which is automatically reviewed by VSP representatives. Upon confirmation, the serviceman has 24 hours to report to a VSP unit and receive an order.\

What About Criminal Liability?

• If UA is a first-time offense, the serviceman may be exempted from criminal liability upon voluntary return. This requires:
• Obtaining the commander’s consent to continue service.
• Submitting a petition to the investigator, prosecutor, or court.
• The court may decide to exempt from liability, including through online hearings.
• In the reserve battalion, you can check data in the Unified Register of Pre-Trial Investigations (ERDR).
• Limitations and Features:
• During martial law, service for those who have left their unit is not suspended. If the serviceman does not return before the end of martial law, their service will be suspended.
• The period of absence is not counted toward years of service, and payments and benefits are not provided.
• Benefits and guarantees for the serviceman and their family are restored only after return.

Lawyer for UAU?

A military lawyer is key to resolving UA issues. They provide consultations on military law, represent interests in court, and help appeal decisions. Without legal support, the risk of errors increases.

Lawyer Services:

• Consultation on legal status.
• Preparation of documents for return.
• Defense in court.

Example: One client thought he could resolve the issue himself but incorrectly filed documents, leading to a wanted status. A lawyer corrected the situation, proving the legality of his actions.

How Can We Help?

Our lawyers offer comprehensive support in UA cases. We help clients avoid punishment, return to service, and protect their rights.

Our Services:

• Preparation of documents for return.
• Representation in court.
• Example: We helped a client who left his unit due to psychological distress arrange a return and avoid prosecution.

Consultation on UAU Issues?

If you or a loved one are facing a UAU situation, contact us for a consultation. We will help determine whether someone is in UAU and what steps to take to resolve the issue.

Example: Relatives of a serviceman contacted us to check his status. We found out he was declared wanted and promptly arranged a return without consequences. Contacting the CONSULTANT legal marketplace is the first step toward resolving the issue.

Representation in Court?

If the case reaches court, our lawyers will ensure the protection of your rights. We will prepare evidence and arguments to mitigate punishment or prove your innocence.

• What Representation Includes:
• Collection of evidence.
• Defense of interests in court.
• Argumentation in favor of the client.

Example: We represented a client facing imprisonment, but we proved he had no intent to evade service, and the case ended with a suspended sentence.

Appeals and Challenges?

If a court decision is unfair, we will help appeal it. For example, one client received a harsh sentence for UAU, but we filed an appeal citing family circumstances and secured a reduced sentence.

Appeal Stages:

1. Analysis of the court decision.
2. Preparation of an appeal.
3. Representation in the appellate court.
4. Professional support increases the chances of success.