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One of the key questions when leaving the place of service is when the command reports a soldier missing in action. The database is not updated automatically; there is a procedure for recording the fact of absence, attempting to establish the location and trying to contact the soldier himself. Given these processes and frequent misunderstandings about how a search for a deserter is conducted, people encounter difficulties and need clarification on this issue. A legal specialist can help with this, not only by advising and explaining how a search for a deserter is conducted, but also by protecting the rights of the soldier.
The search for deserters in wartime is an official procedure for finding and locating a person who has left their place of service without permission. The purpose is to determine the reasons for such an act in order to ensure an appropriate response from the command and the application of appropriate measures. This process helps to maintain order and discipline in the unit and prevents further violations of military discipline.
The announcement of a search for deserters does not happen instantly; the command must follow a certain procedure, and only after a specific list of actions has been completed is the person's name entered into the database.
A search is initiated in the following cases:
The decision to declare a search is made only after specific actions by the command. It is important that they are documented and comply with internal regulations. In the event of procedural violations, the soldier has the right to appeal, in particular with the participation of a lawyer.
Information about a soldier who has been declared wanted for desertion appears in a specialised closed database, which is only accessible to the relevant authorities. This AWOL search database is not public; it is used for internal accounting, communication, and ensuring a rapid response in case a person is found. The presence of a record in it increases the risk of detention during document checks. However, a lawyer can help determine whether a person's name is contained in this database and send a request to the relevant authority. After that, it is possible to understand what stage the case is at and form a legal position for further protection of interests.
The search for a military serviceman follows a clear algorithm:
The search algorithm includes various operational actions that must be recorded. In case of non-compliance with the procedure, the military personnel has the right to seek legal assistance to appeal the decisions and actions of officials.
First of all, an official investigation is initiated by the unit's command, which, after recording the absence and attempting to communicate with the military personnel, prepares an order. After that, the information can be forwarded to the TCC, which may be responsible for handling the case. If necessary, law enforcement agencies, in particular the National Police or the Security Service of Ukraine, are involved in the process if there is also suspicion of desertion, border crossing, and other circumstances that go beyond the scope of an internal official investigation. Each agency acts within its competence, but after a corresponding request from the command.
After a serviceman is entered into the database for desertion, a search begins, which ends in detention. This usually happens at checkpoints when documents are checked or when attempting to cross the border. Employees of the authorised bodies have the right to detain the person, draw up the relevant reports and notify the command. Subsequently, the investigation, which is already open, takes into account the duration of the absence, the circumstances and aggravating or mitigating factors. The response of the relevant persons is usually prompt, especially if the information about the search has been properly recorded and documented.
To ensure operational search: Entry into the database allows the relevant authorities to identify a person anywhere in the country and take measures to detain him.
To record the fact of an offense: The presence of a record confirms that the military person left the unit without permission, which may have disciplinary or criminal consequences.
For procedural registration: Data from the database are used during an official investigation and affect the legal assessment of the military person's actions.
If you find out that you are wanted for leaving the unit without permission, you should not ignore the situation or try to resolve it yourself. In such cases, it is important to seek legal help as soon as possible, because every hour counts. A specialist will assess the case, check the legality of the search, prepare the necessary documents-evidence and will accompany you at all stages of the investigation. Qualified legal support significantly reduces the risks of being held liable.
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