Defense Ministry explains procedure for returning to service after AWOL. INFOGRAPHICS
Returning to military service after AWOL (absent without leave) is carried out in accordance with the Criminal Code of Ukraine and the Procedure for actions by authorized officials, as outlined in a special directive from the Commander-in-Chief of the Armed Forces of Ukraine.
This was reported by the press service of the Ministry of Defence, Censor.NET reports.
As noted, under Part 5 of Article 401 of the Criminal Code of Ukraine, a servicemember who, for the first time during martial law, has committed a criminal offense related to absence without leave, may be exempted from criminal liability under procedures set out in Ukraine’s criminal procedural legislation.
Returning to the Armed Forces after AWOL
To qualify for such exemption, the servicemember must:
a) report to one of the reserve battalions or to a unit of the Military Law Enforcement Service (MLES).
If the servicemember reports to the VSP, they will be given a referral or transported to a reserve battalion.
At the reserve battalion, servicemembers can verify whether their case is listed in the Unified Register of Pre-Trial Investigations (URPTI), obtain information about the assigned investigator, and use the established system for attending court hearings online.
b) Submit a petition to the investigator, prosecutor, or court expressing their intent to return either to their former military unit or to a different unit or place of service.
If the absence without leave lasted no more than three days, criminal liability does not apply.
In such cases, the servicemember must report back to the unit they left. Once they do so, all forms of military support — including financial allowances, food, and equipment — are automatically reinstated.
If a servicemember has been AWOL for more than three days, the following steps apply:
a) Law enforcement authorities register the offense in the URPTI;
b) The servicemember must then personally submit a written request to the commander (or head) of the military unit (institution), seeking written consent to resume military service;
c) With this consent, the servicemember submits a motion to the prosecutor, the pre-trial investigation body (State Bureau of Investigation or National Police), or the court, expressing intent to return to duty and attaching the commander’s written consent;
d) Based on this, the case materials are submitted to the court for a decision on whether to exempt the servicemember from criminal liability;
e) The servicemember presents the court’s decision to the commander and returns to military service.
If the servicemember goes AWOL a second time or refuses to return to service, the following procedures apply:
a) Law enforcement authorities register the offense in the URPTI;
b) Upon apprehension, a pre-trial restraint measure is imposed on the servicemember;
c) An indictment is submitted to the court;
d) The court delivers a verdict. (Under Ukrainian law, repeated AWOL is punishable by imprisonment for a term of 5 to 10 years.)
Remote submission of a service report
Since December 18, 2024, officers of the Military Law Enforcement Service of the Armed Forces of Ukraine have been processing reports from servicemembers who have gone AWOL but expressed willingness to resume military service — including those submitted via the "Army+" mobile application.
This enables servicemembers to submit a report remotely, without the need to appear in person at their unit or a MLES office. The report is automatically forwarded to the Main Directorate of the Military Law Enforcement Service of the Armed Forces of Ukraine for review.
Once the report is received, the MLES undertakes the following actions:
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establishes contact with the servicemember who submitted the report;
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verifies and clarifies the servicemember’s personal information and relevant documents required to resume military service;
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coordinates with the command of the reserve battalion;
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arranges the referral (escort) of the servicemember to the reserve battalion.
After the servicemember confirms their intention to return to service in the "Army+" application, they have 24 hours to report to the designated MLES command authority, receive an assignment order, and proceed to the reserve unit.