Ombudsman Lubyinets opposed criminal liability for unauthorized abandonment of military units.

According to inkorr.com: The Commissioner of the Verkhovna Rada for Human Rights, Dmytro Lubyinets, expressed opposition to a draft law that effectively restores criminal liability for unauthorized abandonment of military units during martial law. This was reported by 'Glavkom', citing the ombudsman’s post.

Lubyinets noted that he conveyed his thoughts on these draft laws to the committee of the Verkhovna Rada. The drafts in question are two bills registered in parliament:

• from 05.05.2025 No. 13260 'On amendments to the Criminal and Criminal Procedure Codes of Ukraine regarding liability for committing criminal offenses related to unauthorized abandonment of military units or place of service during martial law';

• from 04.07.2025 No. 13452 'On amendments to the Code of Ukraine on Administrative Offenses and the Criminal Code of Ukraine regarding liability for military administrative and military criminal offenses'.

Lubyinets’ attitude towards the draft law

The ombudsman does not support draft law No. 13260, as its adoption may deprive servicemen of the opportunity to avoid criminal liability for voluntary return to their unit.

'Thus, the only result for a person who decides to return will be not encouragement for correction but mandatory criminal punishment under articles 408 or 409 of the Criminal Code of Ukraine',

Lubyinets also stressed that the legal norms outlined in draft law No. 13452 propose harsher penalties for offenses during martial law compared to normal conditions. He criticized the prohibition on the application of milder penalties or the possibility of exemption from them.

The ombudsman expressed concern about draft laws that may negatively affect servicemen during martial law, believing that both documents require serious refinement and clarifications so as not to limit the rights and opportunities of these people in difficult circumstances.

These draft laws have caused a wide resonance among military personnel and human rights defenders, who believe that their adoption may threaten the rights of servicemen. The discussion will continue, and experts call for an open dialogue to consider all remarks before the final decision of the parliament.