Rada returns criminal liability for wartime war crimes: details

4 September 2025 16:18

On September 4, the Verkhovna Rada passed Bill 13260, which restores criminal liability for unauthorized abandonment of a unit during martial law.

This was reported by MP Oleksandr Fediyenko, "Komersant Ukrainian" reports.

The draft law provides for the exclusion from Part 5 of Article 401 of the Criminal Code of a mitigating provision that allowed avoiding criminal liability for the first case of AWOL or desertion. Now, even the first fact of leaving a unit without authorization will entail liability.

In addition, the document adds new clauses to a number of articles of the Criminal Procedure Code. They establish the conditions and procedure for exempting servicemen from liability in the presence of exceptional circumstances.

The changes are related to the end of the transitional period that was in effect until August 30. Until that date, military personnel who left the unit could voluntarily return to service and resume all payments without criminal consequences.

According to the Director of the State Bureau of Investigation, Oleksiy Sukhachov, more than 29,000 servicemen took advantage of this opportunity between November 29, 2024, and August 2025.

The issue of liability for unauthorized abandonment of a unit has been actively discussed since the beginning of the full-scale war. In 2022-2023, cases of harsh punishment of the military caused a public outcry, after which the parliament temporarily allowed avoiding responsibility for the first episode of AWOL. This provision was intended to encourage the voluntary return of soldiers to service.

However, as defense needs grew and the transition period ended, the government and parliament returned to a more stringent practice. The authorities believe that increased accountability is necessary to maintain discipline in the army and stability at the front.

Марина Максенко
Editor

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