The Supreme Court ruled: the crime of unauthorized abandonment of the military unit ceases after appealing to the prosecutor's office

Important decision of the Supreme Court of Ukraine

According to ХВИЛЯ: The Supreme Court of Ukraine made an important decision regarding the moment of cessation of the crime of unauthorized abandonment of a military unit. The court recognized that the offense ceases if a serviceman appeals to the prosecutor's office with the intention of returning to service. This decision has a significant impact on the law enforcement practice regarding military crimes.

Legal position of the court

The Supreme Court published the legal position regarding Article 407 of the Criminal Code of Ukraine. In the case that served as the basis for this decision, the serviceman appealed to the military prosecutor's office in August 2022. According to the new legislation that came into force on December 13, 2022, such an appeal may serve as a basis for terminating criminal prosecution.

In this case, the local court initially imposed a suspended sentence, but the appellate court overturned this verdict and imposed 5 years of imprisonment. However, the Supreme Court overturned the decision for 5 years of imprisonment and ordered a new trial of the case. This decision reflects a change in approach to assessing the actions of servicemen who express the intention to return to service, and aims to promote legal certainty in this area.

This decision of the Supreme Court can significantly impact law enforcement practice in military cases, as it establishes a precedent for other cases of unauthorized abandonment of military units. Considering the serviceman's intention to return to service when examining criminal cases may reduce the number of instances where military personnel receive severe penalties, which in turn can positively affect the moral state of personnel during military operations. It also underscores the importance of new legislative initiatives that contribute to the humanization of approaches to military crimes.