A soldier released from liability for AWOL was supposed to report to the unit within 72 hours but went home: what verdict was issued

The Khmelnytskyi City District Court found a 27-year-old serviceman from Ternopil region guilty of failing to comply with a court decision that has entered into legal force. This concerns the ruling of the Starokostiantyniv District Court of Khmelnytskyi region issued in a case of unauthorized departure from a military unit during martial law, qualified under Part 5 of Article 407 of the Criminal Code of Ukraine. This was reported by the Khmelnytskyi City District Court. 

Case circumstances 

A combatant, senior soldier, serviceman of one of the military units, based on the ruling of the Starokostiantyniv District Court of Khmelnytskyi region, which entered into legal force on October 16, 2025, was released from criminal liability for committing a criminal offense under Part 5 of Article 407 of the Criminal Code of Ukraine pursuant to Part 5 of Article 401 of the Criminal Code of Ukraine, and was required to immediately and no later than 72 hours after the ruling entered into legal force, report to the military unit of the National Guard of Ukraine.

However, after being released from custody in the courtroom, the man did not appear at the military unit within the established time but went to his place of residence in Ternopil region, where he spent time at his own discretion until he arrived at the investigator of the Territorial Department of the State Bureau of Investigation in Khmelnytskyi at the end of March this year.

For these actions, the accused is subject to criminal liability under Part 5 of Article 407 of the Criminal Code of Ukraine for failure of a serviceman to appear for duty on time without valid reasons for more than three days, committed under martial law conditions, as well as under Part 1 of Article 382 of the Criminal Code of Ukraine for intentional non-compliance with a court ruling that has entered into legal force.

The evidence examined by the court collectively proves the guilt of the accused in committing the crimes charged and was fully confirmed during the trial. Thus, the accused's actions, according to the court, were correctly qualified under Part 5 of Article 407 of the Criminal Code of Ukraine as failure of a serviceman to appear for duty on time without valid reasons for more than three days, committed under martial law, and under Part 1 of Article 382 of the Criminal Code of Ukraine as intentional non-compliance with a court ruling that has entered into legal force.

During the court hearing, the accused admitted his guilt in the charges and stated that he did not appear at the military unit and stayed at his place of residence due to deteriorating health.

The court recognized admission of guilt and sincere remorse as mitigating circumstances, while the fact that the accused committed the crime repeatedly was considered an aggravating circumstance.

Court verdict

The Khmelnytskyi City District Court found the serviceman guilty of the aforementioned criminal offenses and sentenced him to a final punishment based on Part 1 of Article 70 of the Criminal Code of Ukraine for the totality of criminal offenses, by absorbing the lesser punishment with the more severe one, in the form of five years imprisonment.

Until the verdict enters into legal force, the preventive measure remains the previous one – detention.

An appeal may be filed against the verdict (case No. 686/14753/26).

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