Why it’s important to distinguish between desertion and unauthorized absence from the unit
16 December 2024
Recently, the Financial Times published a controversial article claiming that 60,000 deserters were reported in Ukraine over 10 months, citing data from the Prosecutor General’s Office (PGO). However, the actual number of cases opened under Article 408 of the Criminal Code, according to PGO reports, is nearly three times lower. Opendatabot investigated the data and discovered that the article combines cases of desertion (Article 408) with unauthorized absence from the unit (Article 407) without explanation. Why it’s crucial not to conflate these offenses and how such errors can fuel Russian propaganda narratives — we explored these issues with legal experts.
19,922 criminal cases were initiated for desertion over the first 10 months of this year. The number of deserters is increasing year by year: compared to the same period last year, such cases have risen 3.7 times. This year, only 3% of cases resulted in formal charges, and only 1.3% made it to court.
For unauthorized absence from the unit (UAU), 41,950 criminal cases were opened this year—twice as many as for desertion. Cases under Article 407 have increased 3.3 times over the year. Investigations into UAU cases are also more effective: formal charges were issued in 13% of cases, and 7% reached court.
Month | January 2022 | February | March | April | May | June | July | August | September | October | November | December | January 2023 | February | March | April | May | June | July | August | September | October | November | December | January 2024 | February | March | April | May | June | July | August | September | October |
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Unauthorized Absence from Unit (Art. 407 CCU) | 197 | 142 | 167 | 205 | 320 | 299 | 483 | 546 | 656 | 672 | 1,619 | 877 | 795 | 885 | 990 | 1,056 | 1,382 | 1,384 | 1,479 | 1,606 | 1,363 | 1,641 | 1,934 | 2,000 | 2,159 | 2,538 | 2,572 | 3,315 | 4,611 | 4,412 | 4,959 | 4,582 | 5,181 | 7,621 |
Desertion (Art. 408 CCU) | 10 | 19 | 501 | 321 | 193 | 256 | 251 | 337 | 357 | 367 | 275 | 327 | 583 | 239 | 440 | 472 | 486 | 421 | 621 | 630 | 746 | 714 | 928 | 1,491 | 1,289 | 2,075 | 2,143 | 1,799 | 2,317 | 1,649 | 2,001 | 2,226 | 2,627 | 1,796 |
If these two indicators are combined, it is indeed possible to arrive at a number close to what was reported in the Financial Times. However, legal experts believe this would be a significant mistake.
«Criminal law stipulates that both unauthorized absence (UAU) and desertion involve leaving one’s place of service without permission. However, it is crucial to distinguish between these offenses based on the service member’s behavior and intent following such an act. If an individual takes steps to return to service, the violation will be classified as UAU. Desertion, by contrast, is characterized by evading law enforcement, state authorities, or military management with the intent to avoid military service. Unlike UAU, desertion is a particularly serious military offense punishable by up to 12 years of imprisonment»,
— explains lawyer Valentyna Slobodyanyuk.
UAU is regarded as a temporary absence from service without the commander’s permission or valid reasons, such as failing to return from leave or medical treatment. In such cases, the individual does not intend to avoid service altogether.
In contrast, desertion occurs when a service member has no intention of returning to duty.
Under martial law, military personnel who are absent without leave or commit desertion for the first time have until January 1, 2025, to voluntarily return to service. Those who do so will be exempt from criminal liability, and their cases will be closed. According to the Prosecutor General’s Office, approximately 8,000 service members have already taken advantage of this opportunity in just three months.
Source: Opendatabot
Subscribe to Opendatabot analytics with Telegram channel
Opendatabot chanel