By Rostyslav Averchuk
Lviv (EFE).- A draft law, which aims to drastically increase the punishment of Ukrainian soldiers for disobeying their commanders, generates intense debate and criticism in the country that faces challenges in finding enough soldiers and retaining them in the army.
The Ukrainian parliament’s Law Enforcement Policy Committee has approved a draft, which proposes prison sentences ranging from five to ten years for soldiers who refuse to follow orders. The draft is expected to be considered by deputies soon.
The authors of the law argue that it will strengthen discipline within the Ukrainian Armed Forces, which are fighting a numerically superior enemy. The law is supported by the General Staff of the Ukrainian Armed Forces and numerous combat officers.
More desertions feared
Most in the military agree that some measures, including increased punishment for offenses like drinking alcohol while on duty, are necessary.
However, many critics warn that harsher punishments for disobedience could lead to more desertions. Since 2022, the army has experienced dozens of thousands of desertions, and it is grappling with a chronic shortage of infantry personnel.
“Some officers issue combat orders that are unrealistic and lead to loss of life without achieving results,” Anatoliy, a chief sergeant in an infantry unit on Ukraine’s eastern frontline, told EFE.
He acknowledges the importance of discipline, but argues that soldiers are often justified in ignoring orders to retake lost positions when they clearly see that the enemy is overwhelmingly superior and they lack the means to carry out the orders.
Currently, military units often resolve such issues internally, and when cases do reach the courts, judges tend to show leniency, avoiding prison sentences. The proposed law seeks to eliminate this discretion.
Its opponents note that a soldier’s life is already too hard and warn that harsher punishments will only demotivate and anger troops, encourage desertions, and make military service less appealing to potential recruits.
“In strong units, motivation comes from trust. We talk with soldiers, explain to them who they’ll fight alongside, and that their commanders are competent. That works,” Oleg Lototskyy, Chief of Staff of the 1st Assault Regiment, told Censor.net, a Ukrainian military portal.
Harm to mobilization
The proposal is particularly demotivating given the “lack of accountability for senior commanders’ mistakes, as well as the arrogance and incompetence of some,” wrote Mykola Melnyk, a Ukrainian army veteran who lost his leg in the failed 2023 counteroffensive, on Facebook.
Pavlo Palisa, the deputy head of President Volodymyr Zelenskyy’s Presidential Office, acknowledged the need for a law that would hold commanders accountable for their decisions when addressing criticisms in an interview with the public broadcaster Suspilne.
However, his opponents argue that the law would also undermine mobilization efforts by further discriminating against soldiers, who are serving without clear time limits, compared to civilians, many of whom evade conscription without accountability.
“Minor disciplinary infractions would be equated with serious crimes, leading to disproportionate sentences,” argued Pryncyp, an NGO providing legal support to Ukrainian soldiers.
Alternatives
Supreme Court judge Oleg Tkachuk argues that rather than harsher punishments, each case of refusal to follow orders should be carefully examined to understand and address its causes and assign responsibility accordingly.
The ongoing reorganization of the Ukrainian army, which seeks to scale up the practices of its best units, aims to decrease cases of disobedience by improving the quality of military command and communication between soldiers and officers.
Human rights activists also highlight that Ukraine needs to finally pass a law on the military ombudsman, a role created in 2024 to address complaints about officers’ abuse of power.
Since Olga Reshetilova (a well-known human rights advocate) was appointed, she has received 4,000 complaints. However, her work is hindered by the lack of a clear mandate.
“The Ukrainian army should differ from the enemy by achieving discipline and cohesion through brotherhood, competent leadership, and a sense of justice, not force and pressure,” Reshetilova stressed. EFE
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