AWOL without a criminal record: new rules for the return of military personnel, service restoration deadlines, and financial support

An experimental project has started in Ukraine that changes the rules for those who have voluntarily left their unit. For the first time, the state offers a real mechanism for voluntary return with the right to choose a unit, restoration of all social guarantees, and the prospect of closing criminal proceedings without a court verdict.

As noted by the Minister of Defense Mykhailo Fedorov, almost 200 reports for return from AWOL have already been submitted through the Army+ app in a few days. Of these, 51 have been approved, and the servicemen have been given the opportunity to continue service in the chosen units.

Deadlines from the Ministry of Defense

However, the opportunity to use this mechanism is time-limited, and the procedure contains a number of legal nuances, ignorance of which may lead to negative consequences.

The right to participate in the project is granted to servicemen of the Armed Forces of Ukraine, the National Guard, and the State Special Transport Service (SSTS) who have voluntarily left their unit or deserted.

The procedure applies to those whose AWOL was recorded before June 12, 2026. If AWOL occurred on June 13, 2026, or later, the simplified mechanism for choosing a unit does not apply, and the return will occur on general grounds without any preferences.

The right to choose a unit can be exercised only until September 20, 2026. After this date, the procedure becomes more complicated: after the program ends, return will occur through reserve battalions and judicial procedures.

In practice, this is a longer return process, prolonged waiting for payment restoration, and no influence on where the serviceman will be assigned.

An important difference from previous amnesty attempts for those who voluntarily left their unit is the absence of a clear indication of whether this procedure applies to persons who committed AWOL repeatedly. The experimental provision does not explicitly mention this restriction, which creates some legal ambiguity.

One-click return algorithm

The main tool for submitting a report is the Army+ app. At the same time, servicemen of the Armed Forces of Ukraine and the State Special Transport Service (SSTS) still have the option to submit documents through recruitment centers or directly to the chosen military unit.

For servicemen of the Armed Forces of Ukraine and SSTS, the procedure consists of several stages. First, it is necessary to choose a military unit from the list approved by the Ministry of Defense. Transfers are possible only within the same structure: from the Armed Forces to the Armed Forces, from SSTS to SSTS.

After submitting the report, its consideration lasts up to seven calendar days. If approved, the Army+ app shows the status "En route" as a white ribbon. This gives the serviceman the right to arrive at the new place of service within five days without hindrance.

For servicemen of the National Guard, a separate procedure applies. A mandatory condition is the presence of a recommendation letter from the military unit to which the transfer is planned. Such a document is valid for one month.

It is important not to confuse the deadlines provided for National Guard servicemen. The report review lasts up to 96 hours. After approval, a separate stage begins — preparation and signing of the order by the Commander of the National Guard about the transfer, which may take up to 72 hours. Only after receiving notification of the order's signing must the serviceman arrive at the new unit within 48 hours. Thus, 72 hours for order processing and 48 hours for arrival are not included in the 96-hour review period but are separate stages of the procedure.

Social and legal guarantees for servicemen during return from AWOL

Restoration of financial and material support

After arriving at the military unit and official enrollment in the personnel lists, the serviceman restores the right to financial support. Payments are made after issuing the relevant orders by the unit and may be resumed within several days, usually within a week.

Clothing and equipment are also restored according to available property and established supply norms. Food supply is provided from the moment the serviceman arrives at the unit or personnel reception point.

Issues of relocation and service rotation

For 6 months from the moment of enrollment in the personnel lists of the chosen military unit, the serviceman cannot be transferred to another unit without his written consent.

Exceptions to this rule are clearly defined and include only:

• liquidation of the military unit;
• dissolution of the military unit;
• reorganization of the military unit to which the serviceman was enrolled.

Status verification and interaction with law enforcement agencies

Confirmation of serviceman status may be electronic or paper documents, including data from the Army+ mobile app or a recruitment center assignment.

Such documents are used to confirm the legality of the serviceman's movement. However, they are not an absolute guarantee against checks or stops by the police or Military Law Enforcement Service, who operate within their powers and verify the current status of the person.

Nevertheless, the status in the Army+ app or a paper assignment from the recruitment center is a legitimate basis for the police and Military Law Enforcement Service not to detain the soldier while he is en route to the unit.

Criminal-legal consequences of AWOL

Voluntary leaving of a unit is qualified as a criminal offense under the Criminal Code of Ukraine. In the case of voluntary return of the serviceman, mechanisms for exemption from criminal liability or case closure may be applied, but this does not happen automatically.

Each case is considered individually within the criminal process, involving investigative bodies, prosecutors, and, if necessary, the court.

Part 5 of Article 401 of the Criminal Code of Ukraine allows servicemen who for the first time committed AWOL or desertion during martial law to avoid criminal liability, provided they voluntarily apply to the court or investigation and have written consent from the commander to continue service.

That is, proceedings are closed in parallel with the return process, which requires interaction with the court or investigation. If the serviceman had several AWOL episodes earlier, the issue of exemption from criminal liability remains debatable.

Procedure No. 767 provides that exemption from criminal liability occurs according to part 5 of Article 401 of the Criminal Code of Ukraine. Such exemption is possible only under a combination of conditions defined by law:

• the criminal offense (AWOL or desertion) was committed for the first time during martial law;
• the serviceman voluntarily applied with a petition to the investigator, prosecutor, or court;
• the application contains the intention to return to military service;
• there is written consent from the commander (head) of the military unit for further service.

Exemption from criminal liability for AWOL or desertion during martial law is possible only on condition of voluntary return to service, submission of the appropriate petition, and written consent of the military unit commander. The decision to close the case is made exclusively in procedural order by pre-trial investigation bodies or the court.

Which military units are included in the list available for return?

The corresponding list of military units to which servicemen can return within the experimental mechanism of voluntary return is defined and limited.

The full list of available units is not open as a single public register — it is available directly when submitting a report in the Army+ app, as well as on the specialized resource szch.army.gov.ua.

The formation of this list is centralized: for the Armed Forces of Ukraine and the State Special Transport Service, it is approved by the Ministry of Defense of Ukraine, while for the National Guard of Ukraine — by the relevant management body of the National Guard.

The choice of unit is limited by several principles. First, return is possible only within the same power structure in which the serviceman previously served: to the Armed Forces — only to the Armed Forces, to the National Guard — only to the National Guard, to the SSTS — accordingly to the SSTS. Submission of a report to a unit of another structure is not allowed and leads to refusal.

Second, not all military units participate in the program, only those included in the approved list.

Thus, return to the previous place of service is possible only if that unit is included in the list defined by the authorized body.

Important: if a serviceman is AWOL, he has the right to independently choose a unit from the proposed list and even specify the desired position where he will be most effective. For National Guard servicemen, a mandatory condition is obtaining a recommendation letter from the chosen unit before submitting the report.

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