Exemption from criminal liability for unauthorized AWOL

The law provides for the possibility of releasing a servicemember from criminal liability for unauthorized abandonment of a military unit, but returning to service itself does not close the case automatically. It is necessary to check the conditions established by the Criminal Code of Ukraine, properly formalize the intention to continue service, and go through the procedure provided by law.

In AWOL cases, the date and circumstances of leaving the unit, the existence of criminal proceedings, suspicion or search, previous AWOL incidents, and the possibility of continuing service are important. Get a consultation from an AWOL attorney to assess the grounds for release from criminal liability and determine the further algorithm.

What is AWOL and when criminal liability arises

What is considered AWOL and under which article it is qualified

AWOL is the unauthorized abandonment of a military unit or place of service, as well as a servicemember’s failure to report for service on time without valid reasons in cases provided by law. This refers not only to leaving the territory of the unit without permission, but also to failure to return from leave, business trip, treatment, or after transfer if the servicemember had a duty to report for service.

Criminal liability is provided for under Article 407 of the Criminal Code of Ukraine. During martial law, part 5 of this article covers, in particular, AWOL or failure to report for service without valid reasons lasting more than three days. The sanction is imprisonment for five to ten years. Therefore, after AWOL is recorded, it is important to immediately clarify not only relations with command but also the procedural status of the case.

How AWOL differs from desertion

AWOL under Article 407 and desertion under Article 408 of the Criminal Code of Ukraine are related offenses, but desertion necessarily requires the purpose of evading military service altogether, not temporary absence. Therefore, qualification cannot be determined only by the number of days outside the unit. The servicemember’s intentions, behavior after leaving the unit, communication with command, reasons for absence, and attempts to return are important.

When release from criminal liability for AWOL is possible

What conditions must be met

Part 5 of Article 401 of the Criminal Code of Ukraine allows a servicemember who committed an offense under Article 407 or 408 of the Criminal Code of Ukraine for the first time during martial law to be released from criminal liability.

For this, the following conditions must be met simultaneously:

1. The offense was committed during martial law.
2. The criminal offense under Article 407 or 408 was committed for the first time.
3. The servicemember voluntarily applied to the investigator, prosecutor, or court with a motion stating the intention to return to their own or another military unit or place of service.
4. There is written consent from the commander or chief of the relevant military unit or institution to continue military service.

Actual return alone is not enough. It is necessary to properly formalize both the service-related part of the procedure and the actions within the criminal proceedings.

What significance voluntary return has

Voluntariness is a key condition of the special mechanism. The servicemember must not only arrive at the unit but also record the intention to continue service in the established manner.

If there is already a search, a summons to the SBI, a notice of suspicion, or court proceedings, the return procedure must be coordinated with the procedural status. Arriving independently without checking the case materials does not guarantee its closure.

Consent of the military unit and who makes the decision

The commander’s written consent is a condition directly provided for by part 5 of Article 401 of the Criminal Code of Ukraine. Therefore, it is important to determine in advance in which military unit the person can continue service and how such consent will be formalized.

The final decision on release from criminal liability is made by the court. At the pre-trial stage, the prosecutor applies to the court with the relevant motion, after which the court checks the existence of legal grounds and decides on closing the criminal proceedings.

How to avoid criminal liability for AWOL legally

There is no universal way to «close an AWOL case». The legal algorithm depends on what stage the case is at and whether there are grounds to apply part 5 of Article 401 of the Criminal Code of Ukraine.

• Step 1. Determine the status of the case. It is necessary to find out whether AWOL has only been recorded, whether information has been entered into the Unified Register of Pre-Trial Investigations, whether there is a search, suspicion, summonses to the SBI, or other procedural actions.
• Step 2. Assess the possibility of voluntary return. It is checked whether the situation falls under the current mechanism and to which military unit one can return.
• Step 3. Collect documents and evidence. These may include military registration and medical documents, reports, correspondence with command, confirmation of family circumstances, and other materials.
• Step 4. Prepare applications and motions. Depending on the situation, a report on return, a motion to the investigator, prosecutor, or court, and an application to the military unit may be needed.
• Step 5. Formalize continuation of service. To apply part 5 of Article 401 of the Criminal Code of Ukraine, it is necessary to obtain written consent from the relevant commander.
• Step 6. Support the case until a procedural decision is made. Returning to service and closing criminal proceedings are different legal procedures that must be properly combined.

Returning from AWOL in 2026

How voluntary return takes place

In 2026, the return procedure must be checked as of the date of application. Since June 13, CMU Resolution No. 767 has been in force, introducing a 100-day experimental mechanism for voluntary return for servicemembers of the Armed Forces of Ukraine, the State Special Transport Service, and the National Guard whose AWOL was recorded up to and including June 12, 2026. A report under this program may be submitted up to and including September 20, 2026.

For servicemembers of all three structures — the Armed Forces of Ukraine, the State Special Transport Service, and the National Guard — a report for return after AWOL may be submitted through the Army+ application. At the same time, other submission methods differ: servicemembers of the Armed Forces of Ukraine and the State Special Transport Service may apply directly to the selected military unit, while only servicemembers of the Armed Forces of Ukraine may submit a report through the 1st or 2nd recruitment center of the Armed Forces of Ukraine.

A military unit can be selected only within one’s own structure: from the Armed Forces of Ukraine to the Armed Forces of Ukraine, from the National Guard to the NGU, and from the State Special Transport Service to the SSTS. After the report is submitted, the information is checked, and further return takes place according to the established procedure.

What documents are needed and how to record voluntariness

The data for the report and documents confirming identity and military service are needed. Under the current procedure, a copy of a military registration document or another confirmation of service may be attached to the report.

It is important to keep evidence of the application itself: a registered report, electronic confirmation, response from the unit, order, and correspondence. If there are criminal proceedings, a procedural motion on the intention to return to service is formalized separately.

What happens after return

After the report is approved, the servicemember arrives at the designated unit within the period provided by the Procedure. After proper formalization, service, the contract, and the prescribed types of allowance are resumed for the relevant categories.

At the same time, return itself does not terminate criminal proceedings. To be released from criminal liability, it is necessary to fulfill the conditions of the law and obtain a court decision.

What circumstances and evidence matter in an AWOL case

Health condition, family and emergency circumstances

Health condition, hospitalization, the need for treatment, serious family or other emergency circumstances may matter for the legal assessment of the case. It is important that they be confirmed by documents and relate specifically to the period of absence.

These may include medical conclusions, discharge summaries, certificates, documents on treatment of close relatives, and other official materials. An attorney assesses how such evidence affects qualification and defense strategy.

Threats, conflicts, and other circumstances in the military unit

If leaving the unit was preceded by threats, violence, conflict, or another dangerous situation, it is necessary to preserve applications, reports, medical documents, photos, videos, correspondence, and contacts of possible witnesses.

Such circumstances do not automatically cancel the consequences of AWOL, but they may be important for assessing the reasons for absence, the factual circumstances of the offense, and the defense position.

What documents and evidence should be preserved

Do not delete correspondence with command, copies of reports and responses, medical documents, location messages, and other materials that make it possible to reconstruct the chronology.

For the case, it is important to establish when the servicemember left the unit, what preceded it, whether they stayed in contact, whether they tried to resolve the situation, and when the intention to return arose.

What to do if there is already a search, SBI summons, or suspicion

Summons for interrogation or search

If a servicemember is summoned to the SBI or it becomes known that they are wanted, it is necessary to find out the number of the criminal proceedings, procedural status, and grounds for the relevant actions. Ignoring official summonses or giving explanations without understanding the case materials is risky.

A military attorney can prepare the client for interrogation, participate in procedural actions, and simultaneously assess the possibility of voluntary return and release under part 5 of Article 401 of the Criminal Code of Ukraine.

Notice of suspicion

After receiving a notice of suspicion, it is necessary to check its wording, the prosecution’s evidence, the issue of a preventive measure, and the possibility of applying the special ground for release.

If the servicemember intends to return, the attorney helps prepare the necessary motions, organize communication with the prosecutor and military unit, and attach documents to the proceedings.

If the case is already in court

Transfer of the case to court does not exclude the application of part 5 of Article 401 of the Criminal Code of Ukraine. The law allows a motion on the intention to return to service to be filed with the court as well.

The defense checks the stage of consideration, the existence of written consent from the commander, and other necessary conditions, after which it forms a position regarding release from criminal liability.

How an attorney can help in an AWOL case

Checking grounds for release from criminal liability

The attorney establishes the chronology of events, checks qualification under Article 407 or 408 of the Criminal Code of Ukraine, the existence of proceedings, and whether the situation meets the conditions of part 5 of Article 401 of the Criminal Code of Ukraine. The client receives a specific algorithm of actions taking into account their procedural status.

Preparation of documents and support for return to service

We prepare reports, applications, motions, and the document package for the selected return mechanism. If necessary, we support communication with the military unit and formalization of written consent to continue service.

Defense during interaction with the MSP and SBI

The attorney participates in interrogations and other procedural actions, analyzes documents, and communicates with the investigator and prosecutor. This is especially important if the servicemember is wanted or has already received a notice of suspicion.

Representation in criminal proceedings and court

The attorney forms a legal position, prepares procedural documents, participates in court hearings, and represents the servicemember’s interests until the relevant decision is made.

Get a consultation from an AWOL attorney before returning to the military unit or first contact with the investigator. This makes it possible to check the status of the case and avoid actions that may complicate the defense.

How we work in AWOL cases

• We analyze the situation and documents — establish the date, circumstances of AWOL, reasons for absence, and the servicemember’s previous actions.
• We determine the status and risks — check the existence of criminal proceedings, search, suspicion, summonses to the SBI, and other procedural actions.
• We form an algorithm — determine the return procedure, necessary documents, method of obtaining the unit’s consent, and procedural steps.
• We support the case — prepare documents and represent the client’s interests in interaction with the military unit, MSP, SBI, prosecutor’s office, and court within the agreed scope of assistance.

Cost of services of an AWOL attorney

The cost is determined after analyzing the situation, since the scope of work depends on the stage of the case. A consultation, document preparation, support for return, defense during interaction with the SBI and MSP, or full support of criminal proceedings can be ordered separately.

The price is affected by procedural status, the existence of a search or suspicion, the number of documents, and the need to participate in investigative actions and court hearings. Before starting work, we agree on the scope of legal assistance and its cost, but the first consultation is free.

Why contact «Pravovyi Lider»

«Pravovyi Lider» works with military and criminal law, which is important in AWOL cases, where the issue of continuing service is combined with criminal proceedings. The team works with clients throughout Ukraine, and consultation and document preparation can be organized remotely.

We have conducted more than 4,300 consultations, won more than 1,250 cases, and more than 3,000 clients have remained satisfied with the assistance received. In AWOL cases, we first determine the legal status and only then form an algorithm of actions.

Get a consultation from an AWOL attorney

If you left a military unit, plan to return, received a summons to the SBI, learned that you are wanted, or already have a notice of suspicion, seek a consultation before taking any independent procedural steps.

Call «Pravovyi Lider» at +38 (068) 170-00-07 or leave a request on the website. A lawyer will analyze the situation, explain possible return options, and check the grounds for release from criminal liability. We work online throughout Ukraine.

FAQ

What should be done if the commander of the military unit does not approve the return?

To apply part 5 of Article 401 of the Criminal Code of Ukraine, written consent from the relevant commander to continue service is required. If it is absent, it is necessary to check the possibility of continuing service in another unit and the procedure for obtaining such consent.

Can service be continued in another military unit after AWOL?

Yes, part 5 of Article 401 of the Criminal Code of Ukraine allows return to the same or another military unit or place of service. The specific procedure depends on the procedure in force at the time of application and the structure in which the servicemember serves.

What happens to monetary allowance and length of service for the AWOL period?

Special rules on payments and service apply for the AWOL period. After proper return, allowance is resumed in the established manner, but this does not mean automatic accrual of payments for the entire period of absence.

Can a servicemember’s relative contact an attorney on their behalf?

Yes, a relative may provide known information and documents for an initial assessment. For full defense and procedural actions, further interaction with the servicemember himself or herself is required.

What documents should be prepared for the first consultation?

It is advisable to have military registration documents, information about the unit and AWOL date, copies of reports, orders, summonses, notices of suspicion, SBI or MSP documents, as well as medical or other evidence of the reasons for absence. If not all documents are available, the consultation can still begin.

Can legal support be started remotely?

Yes. Initial analysis, consultation, preparation of some documents, and agreement on the algorithm can be conducted remotely. The further format depends on the need for the attorney’s personal participation in investigative or court actions.

What should be done if another offense is charged together with AWOL?

Part 5 of Article 401 of the Criminal Code of Ukraine concerns offenses under Articles 407 and 408. Another qualification must be analyzed separately, since release from liability for AWOL does not automatically terminate proceedings under another corpus delicti.