A soldier was AWOL for over two months — why the court exempted him from criminal liability
The Kyiv District Court of Poltava exempted from criminal liability a serviceman — a drone operator who, after leave, did not return to the military unit for over two months. The court issued the corresponding ruling on July 22.
Circumstances of the case
According to the case materials No. 552/6361/26, after the leave ended on April 16, the soldier did not arrive at the place of service in Donetsk region and was absent without leave until June 27. Later, he voluntarily contacted the commander of another military unit, informed about his intention to continue service, and received written consent to return.
After that, the serviceman applied to the court with a petition to be exempted from criminal liability.
What the court decided
The court took into account that the man committed unauthorized absence from the military unit for the first time, voluntarily returned to service, and received the commander’s consent for reinstatement. As a result, the criminal proceedings were closed, although the article’s sanction provides for punishment in the form of imprisonment for a term of five to ten years.
The ruling can be appealed within seven days. After it comes into legal force, the serviceman must arrive at the military unit within three days, and the commander must ensure his reinstatement in service.
As previously reported by the Judicial and Legal Newspaper servicemen who have left the military unit without permission may return to service under certain conditions. However, this possibility does not apply in all cases. The legislation allows voluntary reinstatement only under specific conditions, and repeated unauthorized absence deprives the right to use this procedure — in such cases, the matter is resolved within criminal proceedings through the court.
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