Defense Ministry: absence of oath does not exempt from liability for AWOL

The absence of the Military Oath does not mean that a mobilized person is not yet a serviceman and does not exempt him from liability for unauthorized absence from a unit or desertion. The Ministry of Defense explained from what moment military service actually begins.

This was reported by the Ministry of Defense of Ukraine, commenting on the widespread assertion that leaving a unit before taking the oath allegedly cannot be considered AWOL.

The ministry emphasized that from a legal point of view, the determining factor is not the moment of taking the Military Oath, but the date of commencement of military service.

For citizens called up for mobilization, military service begins on the day of departure from the territorial center of recruitment and social support to a military unit. Therefore, a person who has already been sent from the TCC to a training center or military unit for training has the status of a serviceman regardless of whether he has managed to take the oath.

For servicemen entering service under contract, the starting point is the day of enrollment in the lists of personnel of the military unit.

Thus, the mere fact of not having taken the oath does not exclude liability for unauthorized absence from a military unit or place of service. If there is a corpus delicti provided by law, it may be a matter of liability under Article 407 of the Criminal Code of Ukraine, and in the case of desertion — under Article 408 of the Criminal Code.

At the same time, the Ministry of Defense reminded that until September 20, 2026, a special simplified program of return to service is in effect for servicemen whose AWOL was recorded before June 12 inclusive.

Such servicemen can choose a unit to return to within the relevant structure and submit a report. For servicemen whose AWOL was recorded on June 13 or later, the simplified program no longer applies.

Based on materials: LIGA.net, Ministry of Defense of Ukraine