In the first reading, the Verkhovna Rada of Ukraine supported draft law No. 11322, which provides for the return to service of military personnel who voluntarily left a unit or deserted. This decision was announced by the press service of the Ministry of Defense of Ukraine.
According to the department's explanation, the draft law provides for exemption from criminal liability for those soldiers who voluntarily left the unit for the first time and are ready to return to service. Violators will need to contact an investigator or prosecutor on their own, and their intention to return to the unit must be approved by the commander.
Deputy Minister of Defense Nataliya Kalmykova explained that now there is a need to create a system to settle the situation with the return to service of servicemen who voluntarily left the unit. According to her, many such persons wish to return to the army, and for this, conditions should be created that would allow them to do so.
"We must give such persons the opportunity to return to the army and provide them with appropriate conditions for continuing their service," Kalmykova said.
According to the explanatory note to the draft law, from January to April 2024, pretrial investigation bodies registered more than 17,000 criminal cases under Articles 407 (voluntarily leaving a military unit) and 408 (desertion) of the Criminal Code of Ukraine. Currently, the current legislation does not allow the release from criminal responsibility of persons who have committed offenses for the first time and are ready to return to the military unit.
People's deputy Oleksiy Goncharenko, who supported the draft law, believes that voluntary leaving the unit and desertion is a serious problem that affects not only those who do not want to serve, but also those who were forced to leave the unit under the pressure of circumstances. "We need to give these people a chance to return to normal life and continue to protect the country," Goncharenko noted.
Conditions for exemption from criminal liability
According to the draft law, exemption from criminal liability is possible only under certain conditions:
1. A person committed an offense during martial law for the first time.
2. The person appealed to the investigator or the prosecutor before the completion of the pre-trial investigation with the intention of returning to the military unit.
3. The commander of the unit gave written consent to the continuation of service.
Olha Marko, an expert of the NGO "Juridychna Sotnia", noted that this decision should be voluntary. She also emphasized that exemption from criminal liability is possible only until the pre-trial investigation is completed. After its completion, the opportunity to use this provision will be lost.
Not all members of the military agree that desertions and desertions are a serious problem. The former commander of "Aidar" Evgeny Dyky notes that there are many reasons why soldiers leave units, including personal problems or conflicts with the commander. He also believes that commanders, given the circumstances of the escape, make decisions at their own discretion.
The draft law is now at the stage of first reading. During the preparation for the second reading, suggestions and amendments may be submitted that may change the final version of the document.
