Returning from the SZCH, they can still get 5 years in prison: legal advice

Armed Forces contractors will not escape criminal liability for leaving the unit without permission, even if they decide to return to service but fail to notify the command of their arrival and do not assume their duties. This is stated in a legal review published in the publication “Kommersant Ukrainsky.”

According to Article 407, Part 5 of the Criminal Code of Ukraine, absence from the place of service without permission is considered an offense. It is also essential that an untimely return to fulfill one’s obligations without good reason is also a violation. Returning without notifying the commander is equated with continuing the offense. Service members do not have the right to conduct combat operations without the written permission of the commander.

The court emphasizes that when a service member returns to the unit’s location, they may still be held liable if they fail to report their arrival and do not resume their official duties. Such actions are even punishable by imprisonment for up to five years. Courts can determine not only the actual term in prison but also a probationary period based on the circumstances of the case.

Therefore, all service members are advised to carefully follow the procedures for returning to their units and promptly inform the command of their arrival to avoid potential legal issues.

We will remind you that previously, territorial recruitment centers were actively engaged in the search for draft evaders. The issue of the legality of such actions was also discussed, particularly in the context of potential violations.