From the commander's report to the SBI's wanted list: how Ukraine records unauthorized absence from a military unit

The Ministry of Defence of Ukraine, according to RBC-Ukraine, has published an explanation of exactly how unauthorized absence from a military unit (AWOL) is recorded and processed. This concerns a situation in which a serviceman has voluntarily left his place of service or has failed to return from leave, a business trip, or medical treatment without a valid reason. The initial step is always the same: the command establishes the very fact of the absence. If it is detected during a formation, roll call, or shift change on duty, the immediate commander acts in accordance with the established procedure: if a person has not reported without a valid reason within three hours, a report is submitted to the command of the military unit.

The first day and status in "Armiya+"

After the report is submitted, the military unit notifies the territorial department of the Military Law Enforcement Service (MLES) and the higher command in the established manner, and the information about the absence is entered into the relevant information systems. After the data is processed, the status may appear in the "Armiya+" app as a red banner on the military document with the inscription "Absence from service recorded." During the first three days, the military unit and the MLES, within the limits of their authority, take priority measures to establish the whereabouts of the serviceman. At the same time, an official investigation is invariably appointed, during which the circumstances that contributed to the AWOL are established, as well as measures to prevent similar cases in the future.

When absence becomes a criminal case

The key guideline in the explanation is the duration of the absence and the circumstances in which it occurred. If the AWOL lasts more than three days and was committed not in a combat situation, the serviceman's actions may bear the signs of a criminal offence under Articles 407 or 408 of the Criminal Code of Ukraine; the punishment under these articles may amount to five to twelve years of imprisonment. If, however, the absence does not exceed three days and the AWOL was committed in a combat situation, the serviceman may return to his place of service on his own, and, depending on the circumstances, disciplinary and/or administrative liability may be applied to him. At the same time, voluntary return to service is permitted even after three days of absence.

Who searches: from the military unit to the SBI and the National Police

At different stages, different bodies are involved in establishing the whereabouts. The military unit carries out priority actions after the absence is detected and transfers the necessary information to the MLES, which coordinates the process within the Armed Forces of Ukraine and interacts with other law enforcement agencies. A serviceman with AWOL status may be identified by MLES patrols or Ministry of Interior officers during patrols or document checks: if a person is on a criminal wanted list, he is taken to the law enforcement agency conducting the search in that area; in other cases — to the nearest MLES unit. The SBI, in proceedings within its jurisdiction, conducts the pre-trial investigation, collects evidence and carries out procedural actions, while the National Police, upon a written request from the SBI investigator, carries out search operations: checks of possible locations, patrols, questioning people and using video surveillance data. The question of the preventive measure is decided by the investigating judge or the court.

Procedural status and verification in the app

The explanation emphasises that the AWOL status in "Armiya+" and the procedural status in a criminal proceeding are not the same thing. Separately from the initial search by the military unit and the MLES, a search for the suspect may be declared in a criminal proceeding in the cases provided for by the Code of Criminal Procedure, in particular when the whereabouts of the suspect are unknown. The presence of a recorded absence can be checked in the "Armiya+" app: when an AWOL is recorded, a red banner appears on the screen with the military document. The same Ministry of Defence explanation also mentions the procedure of action in case the status in the app has not been updated.