For Mobilized Soldiers, It Is Proposed to Reduce the Punishment for Unauthorized Leave from 10 to 2 Years Imprisonment

Statistics on unauthorized leave in Ukraine have reached record levels — over 255 thousand cases as of the end of 2025. As previously reported by the "Judicial and Legal Newspaper", a draft law "On Amendments to the Criminal Code of Ukraine Regarding Consideration of Mitigating Circumstances When Applying Punishment for Unauthorized Leave of Military Unit Concerning Servicemen Who Participated in Combat Actions Related to the Defense of Ukraine" has been submitted to the Verkhovna Rada.

The initiative, outlined in draft No. 15328, proposes to allow courts to apply Article 75 of the Criminal Code (probation period) to mobilized combatants who committed unauthorized leave, recognizing factors of psychological burnout and command shortcomings.

The author of the draft law suggests moving away from mandatory imprisonment for a certain category of servicemen, acknowledging that the state system is unable to imprison such a large number of citizens, especially those who risked their lives on the front lines.

The justification for the draft law states that since the beginning of the full-scale war in Ukraine, about 255 thousand cases of unauthorized leave of military units and over 56.2 thousand cases of desertion have been recorded.

The author of the legislative initiative links these figures to a number of persistent problems, including the use of coercive methods during mobilization, disrespectful attitudes of some commanders towards subordinates, as well as psychological exhaustion of servicemen who have long been unable to be discharged or transferred to rear positions. According to him, these factors often become reasons for servicemen leaving their place of service.

Amendments to Article 75 of the Criminal Code

Currently, Article 75 of the Criminal Code prohibits release from serving a sentence with probation for persons who committed crimes under Articles 403, 405, 407, 408, and 429 during martial law.

The draft proposes to exclude Article 407 from this list of prohibitions. This means that the court will have the right to impose a probation period instead of actual imprisonment for unauthorized leave, taking into account the offender's personality and case circumstances.

How responsibility for unauthorized leave is proposed to be changed

The draft law proposes to differentiate responsibility for unauthorized leave depending on the grounds for military service.

For servicemen serving under contract, the punishment for unauthorized leave during martial law lasting more than three days is proposed to remain unchanged. According to part 5 of Article 407 of the Criminal Code of Ukraine, they face imprisonment from 5 to 10 years.

At the same time, for mobilized servicemen who do not serve under contract and participated in combat, a softer approach is envisaged.

In particular, during a special period (except martial law), unauthorized leave is proposed to be punishable by imprisonment from 1 to 3 years with mandatory application of Article 75 of the Criminal Code, which allows release from serving a sentence with probation.

If such an offense is committed during martial law or in a combat situation, the punishment for this category of servicemen will be from 2 to 3 years imprisonment. At the same time, mandatory application of the probation period is also provided, provided the person participated in combat.

Legal consequences and potential impact of the draft law

The author of the draft law notes that the document does not claim absolute legal perfection but is intended to initiate a professional discussion on approaches to responsibility for unauthorized leave during martial law.

From the point of view of legal regulation, a serviceman's participation in combat effectively becomes a key circumstance allowing a softer approach to punishment and avoiding actual imprisonment.

In addition, for mobilized servicemen who participated in combat, it is proposed to significantly reduce the maximum punishment for unauthorized leave during martial law — from the current 10 years imprisonment to 3 years with the possibility of applying a probation period.

The justification of the draft law also notes that the proposed changes may help reduce social tension around mobilization issues and servicemen's responsibility, as well as take into account the specifics of service by persons who directly participated in combat.

The draft law aims to protect servicemen who directly participated in combat but have long been unable to receive rest, rotation, or transfer to rear positions. The authors of the initiative propose to soften the approach to responsibility for unauthorized leave for mobilized front-line soldiers.

Adoption of the draft law may create a mechanism to regulate the status of a significant number of servicemen currently wanted due to unauthorized leave cases. At the same time, implementation of the new norms will require prompt updating of subordinate legislation: the Cabinet of Ministers must bring its regulations into line with the changes within a month to ensure the probation system works without procedural conflicts.

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