--- title: "“Desertion Cannot Occur Before the Oath” — A Myth: Ukraine’s Ministry of Defence Explains When a Mobilized Person Is Already Considered a Serviceman" description: "Ukraine’s Ministry of Defence clarified: a mobilized person sent to a training centre is considered a serviceman even before taking the oath, so desertion during the training stage carries liability under Articles 407 and 408 of the Criminal Code." date: 2026-09-09T14:10:00.000Z lang: en url: https://xab.info/en/posts/desertion-before-the-oath-explained-by-ukraines-ministry-of-defence tags: [ukraine, military-service, desertion, ministry-of-defence, criminal-code] publisher: "XAB.info" --- # “Desertion Cannot Occur Before the Oath” — A Myth: Ukraine’s Ministry of Defence Explains When a Mobilized Person Is Already Considered a Serviceman ![Mobilized soldier in camouflage uniform in front of military vehicle — when a conscript is legally considered a serviceman in Ukraine](https://xab.info/media/2026/09/09/szch-do-prinyatiya-prisyagi-obyasnilo-minoborony-ukrainy/szch-do-prinyatiya-prisyagi-obyasnilo-minoborony-ukrainy-1.webp) ## 🎯 Key Points - The MoD called the claim that desertion cannot occur before taking the oath legally incorrect - A mobilized person in a training centre is considered a serviceman before the oath, and Articles 407 and 408 of the Criminal Code apply to them - The simplified return programme after desertion is in effect until 20.09.2026 for those who left before 12.06.2026; unit selection is available at szch.army.gov.ua The Ministry of Defence of Ukraine has officially refuted a widespread belief among mobilized individuals that leaving a unit without permission (desertion) during training exercises, before taking the military oath, carries no legal consequences. This was reported by RBC-Ukraine, citing a post by the MoD’s press service on Facebook. The ministry emphasized that the claim “desertion cannot occur before the oath” is legally incorrect and could cost a person their freedom, because the status of a serviceman arises earlier than many assume. ### When, by Law, Military Service Begins The Ministry of Defence’s key argument is built on the definition of the moment military service begins under current legislation. The MoD noted that the determining factor is not the actual utterance of the oath text, but the very moment a person is sent to serve. From this follows a direct conclusion, recorded in the ministry’s clarification: a mobilized person who has been sent to a training centre (i.e., to a military unit for combat training) is a serviceman even before taking the oath. Thus, the period of training exercises and combat training falls entirely under the norms governing military service and liability for its violation. ### Contradictory Data Here, two versions directly clash. On the one hand, some mobilized individuals and their circles go by a common but mistaken notion: until a person has spoken the oath, they are “not yet a soldier,” and therefore they can leave the exercises “without consequences.” On the other hand, the official legal position of the Ministry of Defence states that an unspoken oath does not in itself exempt one from liability, and that Articles 407 and 408 of the Criminal Code of Ukraine apply to such a person. The ministry directly calls the common belief “legally incorrect.” The difference between these two viewpoints is the essence of the clarification: the law sees a serviceman at the moment of being sent to serve, not at the moment of the oath ceremony. ### The Simplified Return Programme and Its Deadline In concluding its clarification, the MoD reminded of the currently active simplified programme for returning to the army after desertion. As of now, it is in effect until 20 September 2026. It can be used by servicemen who left their unit without permission before 12 June 2026. The unit for return can be selected electronically on the dedicated portal szch.army.gov.ua. For those whose deadline is approaching, this is effectively a window of opportunity to regularize their status before the deadline expires. ### Legal Context: Nuances Pointed Out by Lawyers The topic of desertion and its consequences remains one of the most discussed in the legal sphere. In open materials, lawyers separately examine what punishment a serviceman faces for leaving a unit without permission and where the boundaries lie between criminal prosecution and the possibility of avoiding prison. The procedure for returning to a unit after desertion without a criminal record, and the conditions under which a criminal case can be fully closed, are also discussed separately. It is important that these clarifications are for informational purposes only and do not replace individual legal consultation: in each specific case, the interpretation of legislation and the choice of strategy must be carried out by a qualified lawyer. We emphasize: this material is purely informational and does not constitute legal advice. If legal assistance or interpretation of legislation is needed, it is recommended to consult a specialist in the relevant field. ## 🔍 Fact-Check Verification - [Does Desertion Apply to Those Who Have Not Yet Taken the Oath: The Ministry of Defence Gave a Clear Answer](https://www.rbc.ua/ukr/news/chi-zagrozhue-szch-tim-hto-shche-sklav-prisyagu-1788962550.html) - Первичный источник: разъяснение МОУ о статусе военнослужащего до присяги, ст. 407/408 УК, упрощённая программа до 20.09.2026 и портал szch.army.gov.ua. - [What a Serviceman Faces for Desertion and Whether Prison Can Be Avoided: A Lawyer Pointed Out the Nuances](https://www.unian.net/society/szch-v-ukraine-advokat-rasskazal-o-nakazanii-dlya-voennosluzhashchih-13109568.html) - Контекст: правовые нюансы наказания за СЗЧ и возможности избежать тюремного срока (позиция адвоката). - [A Lawyer Explained How a Serviceman Can Return After Desertion Without a Criminal Record](https://www.unian.net/society/szch-kak-voennomu-vernutsya-v-chast-i-zakryt-ugolovnoe-delo-13378761.html) - Контекст: правовые нюансы наказания за СЗЧ и возможности избежать тюремного срока (позиция адвоката). ## ❓ FAQ ### Q: Can a mobilized person leave the exercises before taking the oath without consequences? **A:** No. According to the MoD’s clarification, a mobilized person sent to a training centre is considered a serviceman even before the oath, so desertion at this stage carries liability under Articles 407 and 408 of the Criminal Code. ### Q: Until what date is the simplified return programme after desertion in effect? **A:** Until 20 September 2026. It can be used by those who deserted before 12 June 2026; the unit for return is selected online at szch.army.gov.ua. ### Q: Is this clarification a legal consultation? **A:** No. The material is for informational purposes only and does not replace a consultation with a qualified lawyer on a specific situation.