Lawyer at the AWOL – specialized lawyer at the AWOL, Article 407 of the Criminal Code of Ukraine

Lawyer at the Military Prosecutor's Office – a lawyer specialising in military law, Article 407 of the Criminal Code of Ukraine 

In wartime, the number of criminal cases related to unauthorised absence from duty increases every year. However, not all cases involve military personnel leaving their units without reason – often this happens due to physical exhaustion, psychological pressure or lack of support from the command. 

Nevertheless, legal responsibility still applies in such cases, and a lawyer can help mitigate or avoid the consequences. Desertion is one of the most complex categories of military cases, where every detail can be decisive for the success of the case. Therefore, the task of a specialist is not only to competently defend the client, but also to build a legal position in order to avoid a conviction or achieve the minimum punishment. 

What is AWOL (Article 407 of the Criminal Code) and current changes in the law on AWOL 

AWOL is an abbreviation for one of the most common military offences - unauthorised absence from military service without permission, as provided for in Article 407 of the Criminal Code. The complexity of such cases lies in the failure to take into account the primary reasons for the soldier's actions, as well as in changes in legislation, which are quite difficult to understand on one's own. 

Thus, in 2024, a law was passed that provides for the possibility of returning to the military unit without criminal liability. This mechanism applies to those who have left the unit without permission for the first time, provided they return voluntarily. This opportunity can be used until 30 August 2025, after which it may be lost. 

This law on desertion is important because it demonstrates the state's attempt to find a balance between discipline and a humane attitude towards people who, for various reasons, have not been able to endure military service. 

Why it is important to consult a lawyer or legal expert on desertion 

Despite the changes in the conduct of cases involving desertion, a lawyer is still necessary. Even if it is now possible to return to the unit without criminal liability, proper legal assessment, organisation of communication and preparation of documents are extremely important. The changes in the law have several nuances that are not always interpreted unambiguously by different authorities. For example, the need to prove the time frames specified by law. If there is no proper evidence, the soldier may lose the chance to return with impunity. 

A lawyer specialising in military service offences will help by performing the following tasks: 

• Analysis of the situation and the possibility of applying current legislation to a specific case. 
• Supporting the return process in accordance with all requirements. 
• Protecting interests in the event of a criminal case being opened. 
• Assistance in avoiding mistakes when submitting applications, explanations, etc. 

In this way, the lawyer organises legal protection in circumstances where every word in a report or explanation can be crucial. 

Legal consultation on the issue of criminal liability: the first step in defence 

Timely and professional consultation in such cases helps to understand your rights and obligations, assess the prospects of the case and develop the best defence strategy. Its stages include:

1. Assessment of the situation: it is important to analyse the circumstances of the criminal case, as Article 407 provides for the possibility of mitigating or aggravating factors, so this stage is necessary. 
2. Explanation of rights and obligations: explanation of the rights of the military personnel and what actions can alleviate their situation. 
3. Developing a strategy: determining specific actions that fall under the latest changes in legislation. 
4. Preparing documents: collecting and preparing explanations, certificates, statements and other evidence. 

These steps not only help to avoid mistakes, but also increase the chances of successful defence and minimise negative consequences. 

Developing a defence strategy (including reclassification, mitigation) 

Developing a legal defence strategy is one of the key steps to success. The specialist takes into account all the circumstances of the case: the psychological and physical condition of the serviceman, the course of events and the specifics of the legislation. Depending on these details, the lawyer may initiate the reclassification of actions from serious to less severe. 

In addition, the specialist always works on collecting evidence that can mitigate the circumstances: participation in combat operations, injuries, PTSD, problems in the unit, lack of medical care. In some cases, this strategy allows not only to avoid criminal liability, but also to achieve complete closure of the proceedings. 

Representation in court: effective defence by a lawyer for military personnel

Preparation for the hearing: forming a legal position, preparing evidence and explanations that strengthen the defence. 

Participation in court proceedings: participation in hearings, clear argumentation of the client's position, work with evidence in the courtroom. 

Appealing the decision: filing an appeal in case of an unfair verdict, support until the case is completely closed. 

Cost of services of a lawyer of the AWOL

The price of legal assistance in cases of the AWOL depends on: the complexity of the situation, the stage of the proceedings (pre-trial investigation, trial, appeal, etc.), as well as the volume of work. 

On our marketplace, you can choose a lawyer with experience in military cases and the one who best meets your request. Consultant allows you to get a preliminary estimate of the cost even before the start of cooperation. This is especially important in wartime conditions, when each decision must be weighed, and costs - controlled. 

How to order the AWOLlawyers service? 

On our platform, it is very easy to order a legal service by choosing the specialist who impresses you the most. This can be done by rating, specialization, reviews of other clients. 

Each lawyer has his own profile with a detailed portfolio, which helps to make a balanced choice. After that - leave a request, and a specialist will contact you to clarify the details. 

Why we are your best lawyer AWOL

 Our lawyers specialize in military law and have real experience in such cases, know how to act in difficult situations and support you at all stages of the process. On the Consultant platform you can choose a specialist who meets your expectations, request and budget. But in any case, we guarantee high-quality support so that you are not left alone with your problem.