The Verkhovna Rada has removed criminal liability from deserters and those who have left units without permission (AWOL) if it is the first time. However, the law does not apply to everyone. This was reported exclusively to Komersant ukrainskyi
by MP and one of the initiators of the draft law, Fedir Venislavsky.
“This applies to those who have not been convicted by a court at the time this law comes into force,” said Venislavsky.
Accordingly, if there was no verdict against a person at the time of the adoption of the draft law, a deserter or someone who falls under the term of the EWC will have a chance to have their criminal liability lifted.
As for possible new mitigations of the law, such initiatives are not currently being discussed, said Venislavsky.
Legislative initiative No. 11322 was adopted on 20 August by 270 votes of MPs. The purpose of the law is to improve criminal legislation during martial law.
The law amends Article 401 of the Criminal Code, according to which a person who has committed a criminal offence (AWOL/desertion) for the first time during martial law may be released from criminal liability. This is provided that before the end of the pre-trial investigation or trial, the person voluntarily declared his/her intention to continue military service. At the same time, a written consent of the commander (chief) of the military unit (institution) is required to allow the suspect to continue military service.
The law comes into force on the day following the day of its publication.
What is the difference between desertion and AWOL?
During service, it is important to distinguish between AWOL and desertion. These two concepts have different motives and consequences. However, both entail serious legal consequences that can significantly affect the future of a serviceman.
AWOL means the absence of an intention to leave the service permanently.
Desertion is based on the determination not to return to perform their duties.
According to the Criminal Code of Ukraine, different types of punishment are provided for AWOL and desertion. Article 407 of the Criminal Code of Ukraine provides for the punishment of AWOL, while Article 408 of the Criminal Code of Ukraine establishes liability for desertion. The sanction of the article provides for punishment ranging from a fine to imprisonment.
During the period of martial law in Ukraine, the legislation provides for harsher sanctions for violations of military discipline. In the case of unauthorised abandonment of a military unit, a person may face a prison sentence of 5 to 10 years.
As for desertion, according to Article 408(4) of the Criminal Code of Ukraine, under martial law, this crime can lead to imprisonment for a period of 5 to 12 years.
Author: Anastasia Fedor