Deserters will be released from liability under two conditions
The legislative initiative to introduce mechanisms for exempting members of the Armed Forces from criminal liability for committing a military criminal offense deserves support. At the same time, it contains controversial provisions.
This was noted by the UNBA Committee on Criminal Law and Procedure following the analysis of the draft Law No. 11322 dated 06.06.2024 «On Amendments to the Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine and Other Legislative Acts of Ukraine on Improving Criminal Liability for Crimes Against the Established Procedure for Performing or Completing Military Service during Martial Law».
In particular, the document proposes to supplement Article 401 of the CPC with conditions under which a person who first committed a crime under Article 407 (unauthorized leaving of a military unit or place of service) or Article 408 (desertion) of the Criminal Code may be released from criminal liability:
1) before the end of the pre-trial investigation, the person voluntarily informed the investigator or prosecutor of his/her intention to return to the military unit or place of service to continue military service;
2) the commander (chief) of the military unit (institution) has agreed to the continuation of military service by such person.
If these grounds are present, the prosecutor will have to obtain a written consent of the commander (chief) of the military unit (institution) on the possibility of continuing the military service of the suspect.
Taking into account the provisions of Article 44 of the Criminal Code, the UNBA believes that the wording of the provision «a person may be released from criminal liability» should be replaced with «a person is released from criminal liability».
Also, a person's consent to continue military service must be the result of a positive assessment by the commander of the person's previous performance in the position. However, if the consent can be granted by the commander (chief) of any military unit (institution), the possibility of achieving the goal of the draft law is doubtful. In addition, this approach contains corruption factors.
The full comments and suggestions of the UNBA to the draft law No. 11322 can be found at the link.
Popular news
Self-government
BCU: The HCJ’s decisions undermine the constitutional guarantees of the independence of the advocacy profession
The Bar Council of Ukraine has concluded that, in its recent decisions, the High Council of Justice has, without legal grounds, called into question the right of bar self-governing bodies to protect the guarantees of legal practice and has, in effect, attempted to grant one of its members — who retains the status of an advocate — special immunity from the Rules of professional conduct and disciplinary responsibility.
Interaction
The UNBA and the National Guard have agreed to cooperate on legal protection for military personnel
Servicemembers of the National Guard, their family members, and veterans are to receive additional legal tools to protect their rights, while the National Guard’s legal services will receive methodological and expert support.
Interaction
Protecting the rights of service members: The UNBA and the Military Ombudsman have agreed on cooperation
Servicemembers, reservists, conscripts during training exercises, members of local community volunteer units, and other individuals covered by the Law «On the Military Ombudsman» should have better access to professional legal assistance.
Rule of Law Roadmap
Reform without data and advocacy: what the Ministry of Justice’s launch has revealed
The Ministry of Justice hosted the first meeting of the working group on bar reform. But instead of professional preparation of legislative changes, we saw exactly what Armada Network Director Dale Armstrong had spoken about the day before in Kyiv: not reform, but a struggle for control over the agenda through a narrow circle of “stakeholders” who create an echo chamber of influence for themselves.
Rule of Law Roadmap
Advocacy, European integration and the limits of intervention: an American report presented in Kyiv
Following its presentation in Brussels, the report «The Ukrainian advocacy in the context of the rule of law and European integration» made its way to Kyiv. It highlighted critical issues both in understanding the very nature of the self-governing profession and in the emergence of a «shadow market» surrounding the Ukrainian advocacy.
Discussion
ETAIDF and MMC: where the system fails
The new system for assessing a person’s daily functioning and the practice of undergoing medical-legal examinations have already raised numerous questions — ranging from unclear procedures to difficulties in appealing decisions. These issues were examined by advocates during the roundtable discussion «Problematic issues of the ETAIDF and MMC», organized by the UNBA Committee on the protection of the rights of persons with disabilities and the All-Ukrainian public organization «Human rights union of persons with disabilities».
Rule of Law Roadmap
Access to the advocate profession: a subgroup has identified the direction of change
On Monday, March 16, a meeting was held of the subgroup «Access to the profession and training of advocates. Organizational forms of legal practice» of the Working Group on the implementation of the Rule of Law Roadmap.
Appointment
A representative of the UNBA has arrived in Cairo
Advocate Irena Maria Ostrozka-Sangushko has been appointed as the representative of the Ukrainian National Bar Association in the Arab Republic of Egypt, in the city of Cairo. The corresponding Order No. 80, dated March 10, 2026, was signed by the President of the UNBA, BCU Lidiya Izovitova.
Publications
Volodymyr Matsko Extradition during wartime: when the risks outweigh the request
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
