MPs propose an alternative for military evaders
10 July 2025 16:55
ANALYSIS
Ukrainian MPs propose to give a second chance to servicemen who have committed a criminal offense for the first time, such as self-mutilation, forgery of documents or deception, or simulation of illness. Instead of serving their sentence in a penal colony, the MPs offer them an alternative – to return to service again, as this is not currently possible. What changes are spelled out in the draft law No. 13459, "Komersant Ukrainian" studied.
MPs are preparing to vote on the draft Law of Ukraine “On Amendments to the Criminal Code, the Criminal Procedure Code, and Other Legislative Acts of Ukraine on Improving Criminal Liability for Crimes Against the Established Procedure for Performing or Completing Military Service under Martial Law.”
According to the author of the project, Mykola Velychkovych, statistics show that from February 2022 to June 2025, law enforcement agencies registered a significant number of criminal proceedings under Article 409 of the Criminal Code of Ukraine – “Evasion of military service by self-mutilation, simulation of illness, forgery or deception.”
However, the current criminal law does not provide for the possibility of exemption from criminal liability under martial law for servicemen who have committed a crime under this article for the first time, even if the accused has repented and wants to return to service. This, according to the MP, prevents those who want to atone for their guilt from returning to military duty and defending the country.
At the same time, Article 401 of the Criminal Code of Ukraine (“The Concept of a Military Criminal Offense”) provides for such a possibility only for crimes under Articles 407 (AWOL) and 408 (Desertion), although they are similar in severity to Article 409. Therefore, it is proposed to extend this provision to Article 409 in order to strengthen the country’s defense capabilities.
“It is also necessary to regulate the legal mechanisms for suspending and resuming military service for those who evaded it but later returned by court order and expressed their willingness to serve. To this end, we have developed a draft law aimed at legal regulation of the issues of exemption from criminal liability and continuation of service under martial law,”
– said the author of the project.
Project objectives:
- to cancel the preventive measure for returning to service under mobilization;
- legal guarantees and a mechanism for continuing service for those who have previously evaded by self-mutilation, deception, etc. but are ready to atone for their guilt by serving.
Amendments to the legislation
It is envisaged that a person who first committed a crime under Article 409 of the Criminal Code during martial law may be released from criminal liability if, before the completion of the investigation or at the trial stage
- voluntarily declared his/her intention to return to service;
- received the consent of the unit commander to continue service;
- or returned to service on their own and provided evidence of service.
Amendments to Articles 286 and 287 of the CPC of Ukraine:
- establishes the procedure for judicial consideration of a prosecutor’s motion to release from criminal liability servicemen who have expressed an intention to continue their service.
Retained:
- judicial control;
- the possibility of appealing decisions.
And exemption from criminal liability is possible only with the written consent of the commander or if the serviceman provides evidence of his return to service and his actual service.
The implementation of the provisions of this draft law will provide legal mechanisms for exempting servicemen of the Armed Forces and other military formations from criminal liability for a first-time crime under Article 409 of the Criminal Code of Ukraine during martial law.
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Self-mutilation in the context of the JFO is a drop in the bucket
Given the shortage of military personnel, this is one of the solutions to the problem, says lawyer Valentyn Serkov. At the same time, if a person deliberately mutilated himself or forged some certificates to leave the service, he has already done so in order to avoid service. But MPs still want to return them to the trenches. In essence, they are offering soldiers who have shot themselves in the leg, arm or something else to voluntarily return to the ranks, just as they are now offering to do to the NWC.
“This is happening against the backdrop of an increase in such cases. Since the beginning of this year, there have been more than 230 proceedings for evasion from service through self-mutilation, forgery of documents, etc., while there were only 79 in the same period in 2024. These are only the cases in which criminal proceedings have been opened. The actual number is unknown. But even this number, compared to those who joined the NWC or deserted, is a drop in the bucket. On the other hand, MPs offer a way out – either prison or service. But I have to disappoint you – usually such people get a suspended sentence, that is, they just have a criminal record,”
– Serkov notes.
This article covers not only self-mutilation, but also evasion of service by other means. For example, when a serviceman is dragged out of the army by a fictitious marriage to a disabled person of the first group or a certificate of sudden fatal diagnosis, explains lawyer Oleh Leontiev.
“What the MPs want to do – to keep such people serving – is very good, as in the case of other war crimes, including desertion and A.I.D. If a person liable for military service voluntarily agreed to continue serving, he should be given a chance. In fact, even now a person convicted under this article can return to service, but for this, the court must close the case, then they need to find a place of service, and so on,”
– emphasizes Leontiev.
At the moment, according to the lawyer, even those who return from the NWC face serious problems in the unit – they are immediately sent to combat missions where the risk of injury or death is high, and there are no payments because they have not yet been officially reinstated in the unit.
So, the bill is aimed at ensuring that people who did not want to serve still do so. However, it is no longer forced, but rather voluntary, choosing between the alternatives of prison and service.
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The author: Alla Dunina
