Unauthorised absence from a military unit (AWOL, СЗЧ; Art. 407 of the Criminal Code of Ukraine (CC/КК)) and desertion (Art. 408 CC) are criminal offences, and under martial law they carry severe penalties. At the same time, a person may have left because of illness, a conflict with command or a family situation, and these circumstances matter for the case.
We assess the safer way to return to service, which mechanisms the law offers on the date you contact us, and what to do if criminal proceedings have already been opened. The conditions for return and release from liability have changed several times, so we check the current wording of the rules.
When to seek help
- You left your unit and want to return to service with as few legal risks as possible
- You have been served a notice of suspicion under Art. 407 or 408 CC
- You have been summoned by the State Bureau of Investigation (SBI/ДБР) or the prosecutor's office
- You left the unit because of illness, lack of treatment or pressure from command
- The case has already been sent to court
- The service member's relatives want to understand their position and the possible consequences
What the lawyer does
Assessing the situation and risks
We analyse the circumstances of leaving the unit, the length of absence and the available documents, and explain the possible legal consequences and options.
Plan for returning to service
We explain the current procedure for returning, including via the Army+ app or reserve units if such a mechanism is in place on the date you contact us, and prepare the necessary documents.
Defence during pre-trial investigation
We take part in interrogations and other investigative actions, file motions and gather evidence in the client's favour, including medical records and witness statements.
Release from liability
We check whether the grounds for release from criminal liability provided by the CC can be applied and prepare the relevant motions.
Defence in court
We represent the client in the court of first instance, build the position on legal classification and sentencing and, if necessary, prepare an appeal.
Documents to prepare
- Service member ID, extracts from orders on enrolment and appointment
- Notice of suspicion, summonses and other procedural documents, if any
- Medical records on your health during and after service
- Documents on family circumstances that affected the situation
- Reports (raports), complaints and replies from command
- A timeline of events in your own words, for the lawyer only
What you get
- A legal assessment of the situation and possible consequences
- A step-by-step plan for returning to service or for defence in the proceedings
- Motions, complaints and other procedural documents
- The lawyer's participation in investigative actions and court hearings under the agreement
Frequently asked questions
Can I return to service after AWOL without criminal liability?
For those who went AWOL for the first time and returned voluntarily, the law provided a special mechanism for release from criminal liability. Its conditions and deadlines have changed several times, so the answer depends on the date and circumstances of leaving the unit. We will check which rules apply to you specifically.
How does AWOL differ from desertion?
The main difference is the purpose. Desertion (Art. 408 CC) involves the intention to evade military service permanently, while AWOL (Art. 407 CC) is absence without such intent. The length of absence and whether the act was committed under martial law also matter. The penalty depends significantly on the legal classification.
Can I tell my lawyer everything if I am still AWOL?
Yes. Everything you tell your lawyer, including the very fact that you have contacted them, is protected by attorney-client privilege. The full picture is needed to assess the risks honestly and choose a safe course of action. A lawyer does not help you avoid liability by unlawful means, but protects your rights within the law.