Payments and Benefits for Deserters: Experts Report Legal Collision.

The bill on maintaining benefits for individuals who committed unauthorized absence (UA) or desertion does not align with the procedure for exemption from criminal liability for such individuals, as prescribed in another recently adopted law. This was highlighted by the Main Scientific and Expert Department of the Verkhovna Rada, according to the Judicial-Legal Gazette.

On October 8, the Verkhovna Rada decided to immediately vote on the draft law 12095 on amendments to Article 24 of the Law 'On Military Duty and Military Service'.

Oleksandr Zavitnevych, head of the Parliamentary Committee on National Security, explained in his speech that there is an issue with servicemen who returned to the military unit. He proposes to support those servicemen who return within 72 hours, and only then, by court decision, consider their case.

It is proposed to amend part 2 of Article 24 of the Law 'On Military Duty and Military Service', stating that military service for servicemen who committed unauthorized absence or deserted will not be suspended.

The Main Scientific and Expert Department of the Verkhovna Rada indicates that the proposed changes contradict the Criminal Code and criminal procedural legislation regarding exemption from criminal liability for the person who first left the military unit unauthorized or deserted.

Military Reaction

Deputy Commander of the Third Separate Assault Brigade Maksym Zhorin believes that the law on reducing liability for unauthorized absence will not solve the issues currently present in the military. As a result of such an initiative, desertion cases will only increase.

Member of Parliament Maryana Bezuhla considers the bill a 'legalization of desertion'. She believes that conditions for deserters' return are already in place, and additional privileges for them should end.

The Verkhovna Rada passed a law releasing military personnel from criminal liability for the first unauthorized absence and desertion. To return to service, written consent from the unit commander is required.

Military personnel who initially left their units unauthorized began returning to the front.

Notably, the Yavoriv District Court of Lviv region found a man from Lviv guilty of fleeing from military service and sentenced him to five years in prison, despite his willingness to continue fighting.