The difference between AWOL and desertion: a lawyer explains the penalties for each situation.

Number of Deserters in Ukraine is Increasing: What the Statistics Indicate

According to data from the monitoring service of registration data "Opendatabot," the cases of permanently leaving military units are on the rise. In October 2022, 1,619 individuals left their units without permission, while by October 2024, this number had surged to 7,621.

In October 2022, 1,619 individuals left their units without permission, while by October 2024, this number had surged to 7,621.

In just the first 10 months of this year, 19,922 criminal cases related to desertion have been initiated.

As for unauthorized leave from duty, there is also an increase: this year, 41,950 criminal cases have been initiated, which is double the number related to desertion.

Deserter or "Unauthorized Leaver": What Constitutes a Crime and What is a Minor Offense

As explained by the managing partner of Winner Partners, Sergey Litvinenko, unauthorized leave from duty (ULFD) means that the serviceman left their unit or place of service without the command's permission.

According to the lawyer, ULFD is indeed a breach of military discipline, but it is not as serious as desertion.

Unauthorized leave from duty (ULFD) means that the serviceman left their unit or place of service without the command's permission.

"Typically, ULFD is regarded as an administrative offense that can be punished with disciplinary measures or administrative fines, but it may also lead to criminal liability as stipulated in Article 407 of the Criminal Code of Ukraine," the lawyer added.

On the other hand, desertion is a more serious offense, specifically, a criminal act, and it indicates that the serviceman is leaving their unit or place of service with the intention of not returning. Severe penalties are prescribed for desertion, including imprisonment, the lawyer notes, emphasizing that the primary distinction between ULFD and desertion lies in the serviceman's intent.

"Desertion implies an intention to permanently evade service, while ULFD may be temporary and without such intent, and it has consequences leading to criminal liability as outlined in Article 408 of the Criminal Code of Ukraine," says Sergey Litvinenko.

If Returning to Duty: Will There Be Court and Jail for "Unauthorized Leavers"?

It is known that until the beginning of 2023, specifically on January 27, the law 2839-IX included provisions allowing for the imposition of lighter penalties (Article 69 of the Criminal Code of Ukraine) or even exemption from serving the sentence with probation. It is also stated that a mandatory characteristic of desertion, distinguishing it from unauthorized leave, is the intent: the serviceman intends to evade service not temporarily, but permanently.

A mandatory characteristic of desertion, distinguishing it from unauthorized leave, is the intent: the serviceman intends to evade service not temporarily, but permanently.

Therefore, it is crucial to differentiate these concepts and assess the serviceman's behavior and intent after such an act. If the serviceman intends to return to duty, such an offense will be classified as ULFD; if not, they will face charges of desertion, which is classified as a particularly serious military crime, punishable by imprisonment for up to 12 years.

According to data from the General Prosecutor's Office, around 8,000 servicemen have voluntarily returned to their units within the first three months of 2024. According to the law, until January 1, 2025, servicemen who leave their place of service without permission for the first time during the martial law period but later return will be exempt from criminal liability—their cases will be closed.

It is worth noting that since the enactment of the law amending part two of Article 24 of the Law of Ukraine "On Military Duty and Military Service," as of December 2, nearly 4,000 servicemen have already submitted relevant petitions. Half of these have been granted by the courts, allowing the servicemen to resume their constitutional duties. The remaining petitions are under consideration by the courts.