Unauthorized Departure from the Unit: In Which Cases There Are No Penalties.
Avoiding Penalties for Unauthorized Departure from the Unit
According to ТСН: Soldiers can avoid penalties for unauthorized departure from the unit (UZU), but the consequences depend on the duration of absence and the soldier's intentions regarding their return to service.
A corresponding statement was published on the Facebook page of the Sumy Regional TCK and SP.
When There Is No Criminal Responsibility
If a soldier is absent for no longer than three days and returns to the unit independently, there is no criminal responsibility. In such cases:
No criminal proceedings will be initiated;
The soldier will continue their service without further action.
Special Arrangement for Longer Absence
If the absence lasts longer than three days, but it is a first-time case and the soldier intends to return to duty, there is a special arrangement:
Criminal proceedings will be initiated;
The soldier contacts the commander via the “Army+” app to obtain written permission to return;
An application is submitted to the prosecutor's office or investigative authority with the intention to return;
The documents are submitted to the court;
The court may decide to exempt the soldier from criminal responsibility;
The soldier returns to duty.
Consequences of Repeated UZU or Refusal to Return
If UZU occurs repeatedly or the soldier does not intend to return, the process includes:
Initiation of criminal proceedings;
Publicity of the person;
Detention;
Choice of a security measure;
Transfer of the case to the court;
Court ruling.
The penalty for UZU can include imprisonment from 5 to 10 years.
“UZU is not just 'absence without permission', but a crime with real legal consequences. If a soldier realizes their mistake and wishes to return, the law provides a mechanism for this, but one must act officially and as quickly as possible,” explained the TCK.
The situation with evasion of mobilization in Ukraine remains very serious. According to reports, 80% of recruits flee from training camps, which can lead to an increase in the number of individuals evading service, up to the size of the active army. Therefore, it is important for soldiers to be informed of their rights and options to avoid serious consequences for unauthorized departure from the unit.
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