Absence without leave during basic training: why training does not remove liability

Mobilised recruits are already service members while in training.

People called up during mobilisation have military status while undergoing basic combined arms training. Ukrainian law expressly provides for the rank of recruit. The Ministry of Defence of Ukraine explains why leaving before training ends does not exempt a service member from liability for unauthorised absence.

Status during basic training

Military service rules apply at training centres. Article 5 of Ukrainian Law No. 2232-XII establishes the enlisted rank of recruit, including for people called up during mobilisation while they train at military training units or centres.

Service begins at the point specified in Article 24 of that law, generally on the day the person is sent from a Territorial Recruitment and Social Support Centre to a military unit. Completing training, receiving a military occupational specialty or being assigned to a combat brigade happens after that point.

Liability for leaving a training centre without permission

A service member who leaves a training centre during basic training may have committed unauthorised absence if the legal criteria are met.

Examples include knowingly leaving a military unit or duty station without the commander’s permission, or failing without a valid reason to return on time from a duty assignment, leave or a medical facility for a period of three days but no more than one month.

Article 407 of Ukraine’s Criminal Code sets out the elements of the offence and the applicable liability. Being a recruit, having no assigned military specialty, having unfinished basic training or awaiting assignment to a combat unit does not by itself change a person’s military status.

Criminal liability depends on the circumstances, the duration of the absence and the other elements required by Article 407.

English translation of the Ministry of Defence of Ukraine original · CC BY 4.0.