How Ukrainian Soldiers Can Return to Duty Without Facing Criminal Charges

Stories of Soldiers Who Left Their Units

According to Главком: This report details the accounts of Ukrainian servicemen who left their military units without authorization and the legal process allowing them to return without criminal prosecution. The issue of unauthorized absence has become prominent as thousands undergo retraining. According to the Commander-in-Chief, 80% of conscripts flee from training centers, highlighting a significant challenge for military discipline during a time of war.

Roman, a 23-year-old from the Lviv region, signed a contract after his mandatory service but disappeared from his training center in January 2022. He cited the monotony of duty as a key reason: 'The service was monotonous, nothing ever changed-just guard duty and drills. Also, I fell in love and wanted to be closer to my girlfriend.' He lived a civilian life for two years until stopped by the Military Law Enforcement Service (VSP). He is now completing basic training and has chosen to join the 3rd Assault Brigade.

Viktor from the Donetsk region, who fought in Soledar and Chasiv Yar, suffered burns and shrapnel wounds. After hospital treatment, he did not return to his unit because he felt unwell, and his requests for additional medical leave were denied. However, Viktor has received a court ruling allowing his return and is heading to the 5th Tank Brigade. Vladyslav from the Zhytomyr region spent a year and a half on the front line without leave. He was absent without leave for over a year before returning voluntarily, motivated by a sense of duty:

'My conscience was gnawing at me a bit. I understood that I needed to set an example for my children, to show that their father didn't just run away from it all.' - Vladyslav

The Return Process and Its Challenges

Under Ukrainian law, criminal proceedings for unauthorized absence from a unit are initiated after three days. However, the law provides a path to avoid imprisonment if a soldier returns voluntarily. The procedure for a serviceman to return involves:

• Contacting the regional office of the Military Law Enforcement Service (VSP);
• Using the mechanism available through the Army+ application;
• Obtaining a court decision permitting a return to service without criminal liability.

During transfers from reserve battalions, recommendation letters from combat brigades needing personnel are considered, while letters from support units are not.

Given these circumstances, the problem of unauthorized absence remains acute, and military leadership is actively working on solutions. Ihor Lutsenko has called this phenomenon the Ukrainian army's biggest problem, requiring a comprehensive approach and support from psychologists and chaplains to address the fear that arises among service members.

Unauthorized absence poses a serious challenge for the Ukrainian army, especially amid active combat and the constant need for soldier retraining. Addressing the social and psychological aspects of service, alongside implementing mechanisms for a non-punitive return, could significantly improve the situation. Successfully resolving this issue can boost troop morale and reduce desertion rates, which is crucial for the nation's defense capabilities.