Unauthorized absence (СЗЧ): liability and the legal return to service

What СЗЧ is

Unauthorized absence from a military unit (СЗЧ) is a service member's absence for more than three days without a valid reason under martial law. It is not the same as desertion (art. 408 of the Criminal Code) — leaving service with the aim of evading it permanently. How the act is classified is determined by the investigation on the evidence, and the classification affects the penalty.

This page explains liability and the lawful ways to return to service. It is not about how to evade service.

СЗЧ or desertion: the difference

Both offences concern absence from service, but the key difference is intent (purpose):

• СЗЧ (art. 407) — a service member leaves the unit or fails to report for duty without intending to evade service permanently (a "temporary" intent: family circumstances, burnout, a conflict, etc.). In wartime the offence arises after an absence of more than 3 days.
• Desertion (art. 408) — leaving service (or failing to report) with the aim of evading it entirely. Here the length of the absence does not matter — what is decisive is the intent never to return.

In practice, intent is proven from the circumstances: whether you took your documents and personal belongings, whether you went abroad, whether you hid, whether there were attempts to return. The classification determines both the penalty (see below) and the next steps.

Liability (arts. 407, 408 of the Criminal Code)

• СЗЧ under martial law — art. 407(5): imprisonment of 5 to 10 years.
• Desertion — art. 408: imprisonment of up to 12 years.
• A suspended sentence (release from serving on probation) is not available for these offences under martial law — only actual punishment. That is why delay is risky, and why the law deliberately leaves a "window" to return without a conviction.

Release from liability for a first offence (art. 401(5))

Since 7 September 2024, art. 401(5) of the Criminal Code (introduced by Law No. 3902-IX) is in force. A person who commits СЗЧ or desertion for the first time under martial law may be released from criminal liability if they:

1. voluntarily file a request with the investigator, prosecutor or court stating the intention to return to this or another military unit to continue service; and
2. have the written consent of the commander of the unit to continue service.

The decision to close the proceedings is made by a court. The Supreme Court has confirmed this mechanism (ruling of the Cassation Criminal Court of 31.07.2025).

How to return to service (until 20 September 2026)

Cabinet of Ministers Resolution No. 767 of 12.06.2026 introduced a simplified procedure for those whose СЗЧ was recorded before 12 June 2026: until 20 September 2026 you can file a return report and choose your unit yourself (within your own structure — the Armed Forces, the DSSST or the National Guard).

Via the Армія+ app: Services → Reports → "Return to service after СЗЧ" → pick a unit from the list → sign the report online. After approval (up to 7 days) the status "En route" appears — you then have 5 days to arrive at the unit. Alternatively, apply directly to the chosen unit or a recruiting centre.

After 20 September 2026 returns will follow the general procedure (including reserve battalions and the courts).

If proceedings have already started

Returning to service is a condition for asking the court to release you from liability. The procedure and time limits depend on the stage of the proceedings, so this is best handled with a lawyer. Note: the app report alone does not replace a court ruling closing the case.

Legal basis

• Criminal Code of Ukraine, arts. 401(5), 407, 408;
• Law of Ukraine No. 3902-IX of 20.08.2024;
• Cabinet of Ministers Resolution No. 767 of 12.06.2026 (experimental voluntary-return procedure).