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Why it is important for the military to return to service by January 1, 2025

Amendments to the law “On Military Duty and Military Service” allow servicemen who have left their units without permission to return to service without risk of criminal liability. on November 21 this year, amendments were made to the relevant law, according to which such servicemen can resume service after the first unauthorized leave of a unit without being brought to criminal responsibility. Komersant ukrainskyi analyzed why it is important for the military to return from the NWC by January 1, 2025.

on November 28, President Volodymyr Zelenskyy signed a law that allows voluntary return to service for those who first left the unit or deserted.

“This is a chance for people to rehabilitate and for the army to get more experienced fighters. This can be done until January 1, 2025. The military will have their contracts extended, as well as their financial and food support, as well as other benefits and social guarantees established by Ukrainian law,” Zelenskyy said.

At the same time, for those soldiers who do not return to their units by January 1, 2025, the pre-trial investigation will be conducted in accordance with the general procedure.

Lawyer Ihor Feshchenko in a conversation with [Kommersant] explained that it is important for servicemen to return to their places of military service before January 1, 2025, primarily because of the possibility of continuing their service instead of being in a state of waiting for their detention by the pre-trial investigation and justice authorities.

“After January 1, there will be no such possibility, at least for the time being, according to the current legislation,” the lawyer emphasizes.

The return to military service must take place at the request of the serviceman, upon arrival and continuation of service, the commander shall notify the military law enforcement service and the pre-trial investigation body, and shall restore all social guarantees to the serviceman, including financial support.

Punishment for the SZHU

Feshchenko emphasizes that there is no separate punishment for servicemen who did not return to service before January 1, 2025. At the same time, criminal proceedings are not closed in all cases for servicemen who have exercised the right to return, and therefore, they may also be held liable for committed AWOL or desertion in the future.

A person can return to the place of service only once, which is logically explained by the law: only those who committed AWOL or desertion before November 29, 2024, i.e. before the law came into force, have the right to voluntarily return.

“In my opinion, the AWOL and desertion in Ukraine has gained great momentum due to the lack of demobilization and rotation of the military, their fatigue, moral exhaustion, and cases of illegal orders from the leadership,” says Feshchenko.

What do the military say?

Officer of the Ukrainian Defense Forces Yevhen “Tykhyi” in an exclusive commentary for [Kommersant] explained in detail the problems faced by military personnel who leave their units without permission, as well as the main reasons for such actions. He emphasized that the reasons for such actions are complex and include not only internal problems of the servicemen themselves, but also systemic shortcomings in the organization of the service. Yevhen “Tykhyi” noted that one of the main reasons for the unauthorized leaving of the unit is the loss of motivation.

“Many people are simply morally and physically exhausted. They may not be able to withstand pressure, physical exertion or psychological stress,” the officer explained.

According to him, this becomes especially evident in cases where servicemen do not receive sufficient support and training. He emphasized that the inability of commanders to organize proper training and education can lead to incompetent actions, such as desertion.

“Another problem is the lack of knowledge of the basics of military affairs and material units. A person who does not know how to act in a critical situation can simply panic or lose faith in himself,” said Yevhen “Tykhyi”.

Insufficient control and organization of the service

According to the officer, one of the biggest challenges is lack of control. Troops can stay in one position for several weeks and then go on vacation. In such conditions, when the soldiers do not have proper supervision, discipline problems can arise. In the army, it is difficult to organize effective control over large numbers of personnel, especially on remote front lines or in conditions of long duties.

“Imagine, you’re on duty for two weeks, then you rest for a week or two. And after a few months of being in such a situation, a person may simply lose faith. It seems to him that, in principle, he can never return,” he said.

Yevhen “Tykhyi” added that this creates a situation where servicemen become so-called “dead souls” who simply do not return to their units because they do not even feel any special consequences.

The system of returning to service

Regarding the procedure for returning to military service, Yevhen “Tykhyi” noted that at the very beginning it was possible to resolve the issue with people who left their units quite “softly”.

“When the first showdowns began, many people could simply return, saying, ‘I made a mistake,’ and they were accepted back. It gave a chance for rehabilitation,” he explained.

However, over time, the situation has changed, and now servicemen who leave the unit without permission must expect more serious consequences, including possible criminal penalties. Yevhen “Tykhyi” explained that this change in attitude toward such people is a result of the army’s stricter approach to discipline.

To solve the problems with discipline and motivation, it is necessary to work systematically on training military personnel and ensure proper control at all stages of service, Tykhyi said.

“If a person does not understand their duties and does not know how to act in critical situations, their moral weakness can cause serious problems,” he said.

According to him, the organization of training, professional development and proper psychological support are key to avoiding cases of unauthorized abandonment of the unit and maintaining a high level of combat capability of the Ukrainian Defense Forces.

Thus, the law allows those who have left their unit without permission for the first time to return to service before January 1, 2025, without criminal liability. This allows not only to avoid punishment, but also to get a chance to continue service, restore social guarantees and extend the contract. At the same time, for those who do not take advantage of this opportunity, the consequences can be much more serious, as criminal proceedings will continue under the usual procedure.

Author – Daryna Glushchenko