Understanding the Release of Ukrainian Military Personnel
On September 25, 2026, at 7:20 PM, attorney Valentin Dupak detailed the process and legal framework surrounding the discharge of soldiers from the Armed Forces of Ukraine (AFU) due to family circumstances while they are classified as absent without leave (AWOL). By the end of 2025, over 200,000 cases of AWOL had been officially recorded, categorized under Part 5, Article 407 of the Ukrainian Criminal Code. AWOL is defined as leaving a military unit without permission for more than three days during wartime. Once AWOL is confirmed, the unit commander issues an order and notifies the State Bureau of Investigation (SBI) to register the case in the Unified Register of Pre-Trial Investigations (URPI).
Options for Addressing AWOL Cases
Military personnel who commit AWOL for the first time may avoid criminal charges if they voluntarily return to service and receive the commander’s approval, as outlined in Article 401 of the Criminal Code of Ukraine. There are three primary approaches to resolving AWOL situations:
- returning to active duty;
- legal defense in court;
- discharge from the AFU based on family-related grounds.
Discharge for family reasons is governed by subparagraph "g" of paragraph 2, part 4, Article 26 of the Ukrainian Law "On Military Duty and Military Service." Valid grounds include:
- pregnancy of female servicemembers;
- childcare responsibilities;
- caring for three or more children;
- death or disappearance of close relatives during national defense efforts;
- and other relevant circumstances.
Attorney Dupak emphasized:
“While classified as AWOL, a servicemember’s circumstances may change significantly, potentially justifying their release from the Armed Forces.”
To initiate discharge, the servicemember must submit a written application by mail to the military unit they left. The commander is required to review the application and notify the SBI. However, in practice, many units fail to respond or reply with demands to return to duty. As Dupak noted:
“Each case involves unique details and complexities.”
There are two main ways to overcome delays in application processing: pursuing a court case, which typically takes at least six months, or personally returning to the unit to submit the application in hand. Once the discharge request is approved, the servicemember must obtain an official extract from the commander’s order. Their personal file is then transferred to the Territorial Recruitment and Social Support Center (TRSSC) at their place of residence. Within five days of discharge, the individual must register locally and follow standard procedures to apply for deferment through administrative centers (CNAP). Dupak added:
“In reality, discharged servicemembers often must wait until their personal files reach the appropriate TRSSC before registering as reservists.”
In summary, releasing military personnel from the AFU due to family circumstances involves specific legal provisions and practical challenges that require careful attention from military authorities and legal advocates.
The issue of unauthorized absence remains a pressing concern amid ongoing conflict and the social difficulties faced by servicemembers. It is crucial that military institutions provide adequate support and respond effectively to requests for family-related discharges. Involving human rights defenders and refining legislation can contribute to a more transparent and efficient process for resolving these matters.
As the situation for servicemembers remains fluid, it is essential to understand the implications of current deadlines for those seeking to rectify their AWOL status. The final opportunity for soldiers to simplify their return underscores the urgency for individuals navigating these complex legal frameworks. Timely action can significantly influence the outcomes for those facing family-related discharges or other circumstances impacting their military obligations.