Desertion in Criminal Law: History and International Experience

Abstract

Desertion has always been considered one of the most serious threats to the army of any state, since without discipline and organization, military formations lose their combat effectiveness and their ability to carry out strategic tasks. Indeed, the French Emperor Napoleon Bonaparte emphasized the critical importance of strict control over military service and the responsibility of soldiers to the state. The article is devoted to a historical and legal analysis of criminal liability for desertion in Ukraine. The author examines the provisions of the Criminal Codes of the Ukrainian SSR of 1922, 1927, and 1960, as well as the current Criminal Code of Ukraine of 2001. The study analyzes the elements of this criminal offense, with particular emphasis on the presence of a specific intent — evasion of military service. Contemporary approaches to differentiating liability depending on the motives, service conditions, and psychological state of the servicemember are also considered. Based on a comparative analysis by foreign scholars, the necessity of combining effective military discipline with the principles of humanism, human rights, and international humanitarian law has been highlighted. Particular attention is given to the features of criminal-law regulation of desertion under martial law, which involve the application of differentiated liability and the consideration of extraordinary circumstances. The study allows tracing the evolution of approaches to criminal liability for desertion, identifying trends in contemporary practice, and outlining directions for improving legislation in the field of military discipline.