Step-by-step procedure for service members wishing to return to duty after an Absence Without Leave (AWOL)

The return of service members who have committed an Absence Without Leave (AWOL) to military service is regulated by the Criminal Code of Ukraine and the Procedure Algorithm for Officials on the Reception of Military Personnel, which aligns with a separate directive from the Commander-in-Chief of the Armed Forces of Ukraine.

1. First of all, it should be noted that under Part 5 of Article 401 of the Criminal Code of Ukraine, a service member who, for the first time during martial law, commits an AWOL-related offense may be exempted from criminal liability by Ukraine’s criminal procedural legislation.

To be eligible for this exemption, the service member must take the following steps:

a) Report to one of the reserve battalions or units of the Military Law Enforcement Service (Military Police).

If the service member reports to the Military Police, they will be given a referral or escorted to a reserve battalion. 

Reserve battalions provide the opportunity to verify whether a service member’s details are included in the Unified Register of Pre-Trial Investigations, obtain information about the assigned investigator, and use an online system for court hearings.

b) The service member must submit a request to the investigator, prosecutor, and court, expressing their intent to return to their previous military unit or another duty station. 

2. If the absence without leave was no longer than 3 days: 

a) No criminal liability applies;

b) The service member must return to the military unit they left; 

с) Upon return, the service member’s entitlements, including service remuneration, food, clothing, and other types of support, are restored. 

3. If the absence without leave lasted more than 3 days: 

a) Law enforcement authorities record the offense in the Unified Register of Pre-Trial Investigations;

b) The service member must personally submit a written request to the commander (head) of their military unit (entity) to obtain written consent for resumption of military service;

c) Once this consent is obtained, the service member submits a request to the prosecutor, pre-trial investigation body (State Bureau of Investigations or National Police), and court, indicating their intention to return to service, with the commander's written consent attached;

d) The materials for exempting the service member from criminal liability are then submitted to the court, which issues the corresponding decision;

e) The service member provides the court’s decision to their commander and returns to service.

If AWOL is committed repeatedly or the service member refuses to return to service, then:

a) Law enforcement authorities enter the details into the Unified Register of Pre-Trial Investigations; 

b) Upon detention, a preventive measure is chosen for the service member; 

c) An indictment is prepared and submitted to the court;

d) The court issues a verdict; AWOL is punishable by a prison sentence ranging from 5 to 10 years.

Since December 18, 2024, the Military Law Enforcement Service (Military Police) of the Armed Forces of Ukraine has been authorized to process reports from service members who have committed AWOL and wish to return to service also via the Army+ application. This means that a service member can submit a report electronically without the need to report to their military unit or the Military Law Enforcement Service unit.

The report is automatically forwarded to the Main Directorate of the Military Law Enforcement Service of the Armed Forces of Ukraine for review and consideration.

Following the receipt of the report, the Military Law Enforcement Service organizes:

Coordination with the service member who submitted the report;

Verification and clarification of the service member's personal data and the documents required for resumption of military service;

Coordination with the command of the reserve battalion;

Arrangements for the transfer or escort of the service member to the reserve battalion.