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Has a case been opened against you under Article 407 of the Criminal Code of Ukraine? Unauthorized abandonment of a military unit is one of the most common military charges, and legal defense in such cases is extremely important. In 2024-2026, criminal proceedings under Article 407 (unauthorized abandonment of a military unit) are being opened more and more often. Under the conditions of a full-scale war, many mobilized people find themselves in stressful circumstances, and individual cases of leaving service are classified as a crime. Yet not everyone who left a unit is a criminal, which is exactly why defense in AWOL cases matters so much.
Article 407 of the Criminal Code of Ukraine establishes liability for unauthorized abandonment of a military unit or place of service for a period of more than 24 hours without valid reasons. Depending on the number of aggravating circumstances, the punishment varies:
The law allows the consideration of circumstances that exclude criminal liability or mitigate it:
If you have voluntarily left a unit, see also our detailed guide on how to return from AWOL and what happens to the criminal case.
A lawyer analyzes the situation, provides a consultation, accompanies you at the State Bureau of Investigation (DBR), the prosecutor’s office and in court, prepares documents and conducts the defense in court. If the defense proves the absence of intent or provides evidence of mitigating circumstances, the case may be closed at the pretrial investigation stage or even end in an acquittal. See also our section on criminal cases.
What is unauthorized abandonment of a military unit?
It is leaving a unit or place of service without the command’s permission, liability for which is provided by Article 407 of the Criminal Code of Ukraine.
What is the punishment under Article 407 of the Criminal Code?
The sanction depends on the circumstances, the length of the absence and the consequences and may provide for different types of punishment, so the assessment should be entrusted to a lawyer.
What circumstances mitigate liability?
Valid reasons for the absence, difficult life circumstances, a voluntary return and cooperation with the investigation may be taken into account by the court.
Can a criminal case under Article 407 be closed?
Yes. If the defense proves the absence of intent or provides evidence of mitigating circumstances, the case may be closed at the pretrial investigation stage or result in an acquittal.
What should I do after receiving a suspicion or a summons?
Contact a lawyer immediately. Any explanations without a defense lawyer can be used against you. A lawyer protects your right to remain silent, prepares the line of defense and represents your interests at the DBR, the SBU or in court.
LEXON lawyers defend servicemen throughout Ukraine. We will help build a defense, prove the validity of the reasons and secure the minimum possible consequences. We work online and confidentially. Leave a request or call us.
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