Will it be possible to sit out: lawyer explains the statute of limitations for fugitives and deserters
18 August 2025 19:25
Lawyer Vitaliy Baranovsky explained the statute of limitations for servicemen who have left their units without permission and for deserters during martial law, "Komersant Ukrainian" reports.
The main provisions:
- AWOL during martial law is qualified under Part 5 of Article 407 of the Criminal Code.
sanction: 5 to 10 years in prison
▸ Qualifies as a grave crime
▸ Statute of limitations: 10 years - Desertion during martial law – Part 4 of Article 408 of the CCU.
sanction: 5 to 12 years of imprisonment
▸ Qualifies as a particularly serious crime
▸ Statute of limitations: 15 years
How the terms are calculated:
- The countdown begins on the day the offense is committed
- If the crime is ongoing – from the moment it stops (for example, detention or voluntary return)
Important nuances:
- If a person is served with a notice of suspicion and intentionally ev ades the investigation or court, the statute of limitations is suspended
- The mere fact of a wanted list or a decision to suspend proceedings is not sufficient – evidence of evasion is required
- If the suspicion is not served, the statute of limitations continues
The result from the lawyer:
“10 years for the SZH under Part 5 of Art. 407 and 15 years for desertion under Part 4 of Art. 408. Further, everything depends on specific dates and procedural actions in the case.”
