Army instead of prison: why deputies decided not to punish for desertion
For unauthorized abandonment of the military unit, as well as for desertion, they will not be imprisoned if the military voluntarily returns to service before the investigation has completed. Such a bill was registered by a group of deputies headed by the Chairman of the Verkhovna Rada of the Verkhovna Rada Sergiy Ionushas, as well as by people's deputies Fyodor Venislavsky, Maxim Pavlyuk, Alexander Bakumov and others.
Parliamentarians believe that the problem of desertion in the army is serious. Only from January to April 2024 the bodies of pre -trial investigation and prosecutors registered 10 584 criminal proceedings under Article 407 of the Criminal Code of Ukraine (unauthorized abandonment of military unit or place of service) and 7 306 criminal cases under Article 408 of the Criminal Code of Ukraine (desertion).
At the same time, the current legislation does not provide for the opportunity to release from criminal liability those military who for the first time committed such a criminal offense, repented in the committed and stated that he was ready to return to the military unit. The bill proposes to provide for such a norm.
In addition, to be released from criminal liability, it is important not only his desire to continue the service, but also the written consent of the commander of the military unit from which he fled. The unauthorized abandonment of the military unit (HSF) is considered as temporary leaving the place of service without the permission of the commander, or without valid reasons for a term of more than three days.
During the period of martial law, it is punishable by imprisonment for a term of 5 to 10 years. Dissertation is interpreted as unauthorized abandonment of the part with the intention of returning to the service. It is punishable by imprisonment for a term of 5 to 12 years. According to the Colonel of the Armed Forces, military expert Oleg Zhdanov, the problem of HSC and desertion in the army is significant.
"I can say that in the army, the number of cases of unauthorized abandonment of part and desertion is measured by thousands. Statistics are hidden, the data is classified, but the problem is huge," - says focus the expert. As soon as the military does not appear to the service without good reason, the commander of the part initiates the investigation with the involvement of the Military Service of Law Enforcement (VSP).
Disciplinary liability is provided for unauthorized exoness for up to three days. But if the military is absent from the service without valid reasons for more than three days, the commander transfers the information to law enforcement agencies. In this case, criminal liability comes. "The fate of such people is decided And ready to return to service) in the law so that a person can return to the system without consequences, " - notes the expert.
It is known that the State Educational Institution and desertion in Ukraine are engaged in the State Bureau of Investigation, but only seven territorial departments working in Ukraine. According to a lawyer in the field of military law Oleg Leontiev, the state of detectives is small, and physically they cannot investigate all cases.
Often, the search for deserters is carried out at the expense of the military service of the law enforcement or by the military units themselves, which rarely allows to detect the fugitive. "All this is a serious headache for the Armed Forces commanders. In registration of such cases, there is a big failure, and many soldiers who have escaped, do not seek," - said Leontiev in a conversation with focus.
If the military who escaped from the part still finds, often such a person wants to return to the service, instead of going to prison, Zhdanov adds. The main reasons for the unauthorized abandonment of the military unit and desertion are low motivation of fighters, as well as difficult relationships with the commander of the unit, experts believe. "We are not engaged in informing society about military duty. Plus is acutely felt social inequality.
Someone by law receives armor from mobilization, and someone is not. All this causes dissatisfaction in the masses. In addition, there is always a percentage of those who He does not want to serve, "Zhdanov thinks. Last but not least, the prospect of unlimited service. The military still noted that the number of motivated people could increase if the conscripts knew that in 1. 5-2 years they would be able to return to civilian life, and they would be replaced by other fighters at the front.
"A very demotivating factor - if a person is called, it buys a ticket in one way. It is known that the law on mobilization, which came into force on May 18 and is intended to improve the conscription process, did not include the norm on demobilization. At the same time, according to Wild, desertion and HSC in the Ukrainian army is not so serious that some of which are losing combat, but the number of such cases is increasing.
"The reasons why soldiers leave parts are a lot, especially for personal problems in the family or with the commander. Then people return and a smart commander, depending on the cause of the escape, draw conclusions at their discretion. Most often, given the lack of personnel, A soldier who escaped due to serious family problems will be punished and then allowed to serve, " - said the expert in a conversation with focus. Zhdanov adds that more often the military units or deserted recruits.
If a person did not want to into the army at first, he will quickly decide to escape. Important in this matter are the relationship with the commander of the part. "Some commanders today increase the percentage of those who decide to desert. Such cases have become more frequent. The commander should understand the situation on the front and be able to make decisions.