What is the procedure for conducting an investigation of a AWOL - an official investigation into the fact of an unauthorized abandonment of a part

What is the procedure for conducting an investigation of a AWOL - an official investigation into the fact of an unauthorized abandonment of a part

Desertion is considered a serious offence that requires an appropriate response from the command, for which an official investigation is conducted. The procedure for conducting it includes a series of regulatory procedures aimed at clarifying the circumstances, motives and possible violations on the part of the military personnel.

How does an investigation into desertion begin: who appoints it and on what basis?

When a soldier is found to have left the unit, an official investigation is initiated at headquarters. Desertion, as an offence, requires documentary approval, which has the following features:

• The investigation is appointed by order of the unit commander.
• The basis for initiation is the discovery of the fact that the person is absent without good reason.
   
• The order specifies the circumstances and dates of the incident.
   
• In complex cases, representatives of the legal department may be involved.

The start of the investigation is based on the internal regulations of the Armed Forces of Ukraine and has a clear procedure, on which the classification of the action and the further fate of the military personnel depends.

Who conducts the investigation and what are their powers?

The investigation at the AWOL is conducted by responsible persons appointed by order of the commander of the military unit. This commission may include representatives of the headquarters, the personnel department and lawyers. The responsible persons have the right to interview witnesses, verify the circumstances of the absence, communicate with the military personnel themselves and record all actions in the relevant act. Their powers are determined by internal statutory documents, and these individuals are responsible for the objectivity and completeness of the investigation.

What documents are required during an official investigation by the AWOL?

Documents for official investigations ensure the legal validity of the investigation results and can be used as confirmation of the conclusion.
The main documents are as follows:

1. The commander's order to appoint an official investigation.
    
2. A report on the discovery of the soldier's absence.
    
3. Testimony from witnesses and the soldier himself.
    
4. Accounting data (personnel records, duty schedules, etc.).
    
5. Report on the results of the official investigation.
    
6. Additional documents, if available (event log, records from the checkpoint or command post, etc.).

The reliability and completeness of these documents directly affects the legality of further decisions. Insufficient documentation may cast doubt on the investigation itself, so in such cases it is worth contacting a lawyer who will help identify procedural violations.

Rights of military personnel during an investigation

Right to provide explanations. Military personnel have the right to express their position on the circumstances of the situation and to provide evidence or arguments in their defence. 

Right not to testify against oneself. A person is not obliged to provide explanations or testimony that may be used against them in an official investigation. 

The right to legal assistance. A military serviceman may consult a lawyer for advice and support during an official investigation. 

Conclusion – what to pay attention to in the procedure for investigating desertion?

When analysing situations related to desertion, special attention should be paid to the procedure for conducting an investigation into desertion. The procedure must not only be formally correct, but also comply with the requirements of the law, respecting all the rights of the military personnel. In such cases, it is important to seek qualified legal assistance — a lawyer will be able to assess the legality of the actions of the responsible persons, verify the validity of the conclusions and protect the rights and interests of the military personnel at all stages of the investigation.