Military criminal offences undermine the combat readiness and combat capability of the Armed Forces of Ukraine. These offences are committed not only under martial law, but their commission under martial law can lead to the most serious consequences. Under martial law in Ukraine, many military criminal offences are committed; their number is increasing every year. This negatively affects the combat readiness and combat capability of the Armed Forces of Ukraine. At the same time, the imposition of a punishment of imprisonment, which will actually be served, on a person who has committed a military criminal offence will not allow them to continue military service. In order to provide the person with the opportunity to continue military service, a special type of discharge from criminal liability has been provided. The purpose of the article is to determine what the discharge from criminal liability of persons who have committed military criminal offences should be in order to best achieve the goals of criminal law regulation. Discharge from criminal liability of persons who, under martial law, for the first time, have committed military criminal offences is a dispositive type of discharge, and it deserves support. At the same time, the effectiveness of such a discharge could be improved by converting it into a conditional type. The prerequisite for this special type of discharge from criminal liability is the commission of only absence without leave from a military unit or place of service and desertion under martial law. However, in a number of cases, it would also be appropriate to discharge persons who have committed other military criminal offences from criminal liability. For discharge from criminal liability, the written consent of the commander (head) of the military unit (institution) is required. There is no need to maintain such a requirement in the future.

Authored books

1. Obodovskyi O, Tryvaiuchi zlochyny u kryminalnomu pravi Ukrainy (Yurydychna literatura 2016) (in Ukrainian).

2. Obodovskyi O, Viiskovi kryminalni pravoporushennia: teoriia i praktyka (Yurydychna literatura 2023) (in Ukrainian). Edited books

3. Panov M, Kharytonov S, ‘Kryminalni pravoporushennia proty vstanovlenoho poriadku nesennia viiskovoi sluzhby (viiskovi kryminalni pravoporushennia)’, v Tatsii V, Borysov V, Tiutiuhin V (red), Kryminalne pravo Ukrainy. Osoblyva chastyna (6-te vyd pererobl i dopovn, Pravo 2020) (in Ukrainian). Journal articles

4. Obodovskyi О, Obodovskyi Yu, ‘On the Economic Support of the State’s Defence Capability: Problem Statement’ [2023] 9(5) Baltic Journal of Economic Studies 197 https://doi. org/10.30525/2256-0742/2023-9-5-193-199.

5. Chuhunikov I, ‘Pidstava kryminalnoi vidpovidalnosti ta tendentsii rozvytku kryminalnoho zakonodavstva Ukrainy’ [2018] 9 Pidpryiemnytstvo, hospodarstvo i pravo 223–233 (in Ukrainian). pravoua.com.ua 180 Олександр Ободовський Newspaper articles

6. Matveichuk M, ‘Chomu viiskovi ydut u SZCh i shcho z tsym robyty’ (BBC Ukraina 21.11.2024) (accessed 18.11.2025) (in Ukrainian).

7. Povernennia iz SZCh prodovzhyly. Chomu i skilky pishlo z armii (BBC Ukraina, 30.04.2025) (accessed 19.11.2025) (in Ukrainian).

8. “Tse realna nebezpeka dlia Ukrainy”. Chy diisno u zhovtni rekordna kilkist SZCh z viiska (BBC News Ukraina, 07.11.2025) (accessed: 18.11.2025) (in Ukrainian).