The Verkhovna Rada Committee on National Security and Defense supported the Bill No. 13260, which proposes a mitigation of responsibility for servicemen who returned to the service after being left unauthorized or desertion.
The document developed by the Ministry of Defense of Ukraine provides for the exclusion of part five from Article 401 of the Criminal Code. It is this rule that requires the written consent of the commander to be exempted from criminal liability. The innovation should eliminate this bureaucratic obstacle.
Thus, if the military has already returned to the service voluntarily, he will be able to release him from punishment automatically - even if the commander did not consent or deliberately delayed his registration.
At the same time, for new cases, when the military just returns after the HRC, the consent of the commander will remain obligatory for continuing service.
The bill also provides for amendments to the Criminal Procedure Code to ensure the legal consistency of new rules.
The adoption of this document can be a compromise step between the need to maintain discipline in the army and recognize objective circumstances that sometimes force the fighters to temporarily leave their parts.
