Mobilizing Convicts in Ukraine: Who Gets Drafted, How, and Under What Conditions?

Those who have already served their sentence

Until May 2024, individuals convicted of serious crimes (such as robbery, intentional grievous bodily harm, extortion, or large-scale drug trafficking—offenses carrying prison terms of 5 to 10 years) or especially serious crimes (including premeditated murder, treason, terrorism, or rape—punishable by 10 or more years in prison) were barred from mobilization, even after their convictions were expunged. This restriction, outlined in Article 37 of the law on military duty and service, was likely in place due to concerns about discipline and security within military units.

Former prisoners convicted of less serious offenses—like petty theft, hooliganism, or minor drug-related violations—were previously eligible for mobilization once their criminal records were cleared.

However, as of May 2024, the rules have changed with the adoption of Law No. 3633-IX. Now, anyone with an expunged or lifted conviction can be mobilized—except for those convicted of crimes against national security, such as treason.

Convicts currently serving time

Another category includes those still serving their sentences in correctional facilities during mobilization, except those convicted of especially serious crimes. These inmates may be mobilized through a special early release procedure, provided they have no more than three years left on their sentences.

Convicts can submit a request to the prison administration to be released to serve under contract. The administration first checks the applicant’s health condition. Meanwhile, a mobile team from the Territorial Recruitment Center (TRC) or a representative from the military unit where the individual would serve conducts a professional and psychological assessment. The inmate’s petition is forwarded to the court if the health and psychological evaluations are favorable. If the court approves it, the person is escorted by the National Guard to the TRC, where a contract is signed within 24 hours for the duration of the special wartime period.

Suppose the court grants early release, but the individual refuses to sign the contract, thus avoiding military service, or commits a new offense while serving. In that case, the court adds the remaining portion of the original sentence to any new prison term.

Service members released from prison under this procedure serve exclusively in specialized units of military formations (specialized military formations). The Ministry of Defense of Ukraine determines the procedure for its operation. These are primarily specialized assault or assault engineer units.

On the battlefield, former inmates perform the same duties as other assault troops. They are not entitled to annual leave but may be granted up to 10 days of short-term leave for family reasons, such as the birth of a child or a parent’s illness. If treatment is needed due to illness or injury, they may receive medical leave based on the recommendation of a military medical commission, with standard financial and material support.

Service members released from serving their sentence to join the army may be discharged from military service only in three cases: due to health conditions (based on the conclusion of a military medical commission), upon the entry into force of a new court sentence, or after the end of the special period or the announcement of demobilization. Unlike other service members, they are not eligible for discharge on other grounds, such as captivity, the birth of a third child, or family circumstances. According to the Criminal Code, early conditional release for military service exempts a person only from the main punishment—imprisonment or restraint of liberty. However, any additional sentence imposed (e.g., a ban on holding certain positions, an obligation to pay compensation, or a driving ban for a specific period) remains in effect. After completing military service under contract, the person is considered to have served their sentence. Even if the special period ends before the individual was initially supposed to remain in prison, the law does not provide for their return to the correctional facility.

At the same time, the Criminal Code does not explicitly state that early conditional release for military service equates to a complete cancellation of the sentence upon completion of the military contract. Nor does it specify that a conviction is automatically expunged or that the individual is considered innocent or rehabilitated. In cases where military service is terminated—for example, due to injury and being deemed unfit for further duty—the law does not provide for automatic release from the remainder of the sentence. Therefore, these legal provisions require clarification.

According to the Ministry of Justice, as of early April 2025, more than 8,000 former inmates had joined the ranks of the Armed Forces of Ukraine as volunteers. 

The practice of mobilizing convicts has been used in other countries as well. For instance, during World War I, the United Kingdom mobilized prisoners by offering them the chance to reduce their sentences through frontline service. In World War II, the United States also enlisted inmates, giving them the opportunity for early release. In today’s war, Russia has recruited around 180,000 prisoners, according to the Foreign Intelligence Service of Ukraine.

Suspects and the accused

Another group subject to special rules includes those under investigation at the time of mobilization (suspects) or those in custody awaiting a court decision (excluding cases involving crimes against national security, the premeditated murder of multiple people, murders committed with particular cruelty, sexual violence, or severe corruption offenses). These individuals may avoid punishment by joining the Armed Forces of Ukraine.

The procedure follows: the suspect or accused submits a request to the court along with documents confirming their conscription (such as a draft notice or a certificate from a military unit). While the individual is serving, the court suspends the proceedings. In such cases, the person is mobilized as an ordinary volunteer and may serve either through general mobilization or under contract in any military unit or branch. If the soldier returns from the front and is demobilized, the court resumes the case and either closes it or issues a verdict, meaning the punishment is merely postponed. Since current legislation does not specify whether the statute of limitations is paused during this time, there is a possibility that the case could be closed due to the expiration of that term. After service, the court resumes proceedings, and military service may be considered a mitigating factor during sentencing. Between 2022 and 2024, nearly 11 thousand criminal cases in Ukraine were suspended due to the mobilization of defendants. Among them were 48 individuals suspected of corruption who were mobilized under these conditions.

Conclusions

In the context of a full-scale war, Ukraine is compelled to expand its recruitment base, including individuals with criminal records or those currently facing charges. This approach helps reinforce the Armed Forces ranks while offering some citizens a chance at social rehabilitation. However, the rehabilitation process must be clearly defined in the Criminal Code. The law should explicitly state that if a person fulfills the terms of their military contract, they are considered to have served their sentence. 

One key risk is that defendants might use mobilization to delay court proceedings or evade responsibility altogether. Current legislation allows courts to suspend legal proceedings if the person is mobilized. But the way this provision is worded is too vague. According to media reports, some judges interpret it literally and pause cases automatically. In contrast, others take a more nuanced approach, examining where exactly the person is serving and whether they can attend court remotely. The latter approach is more reasonable, as it helps prevent abuse.

In addition, legislation should clarify what happens to the statute of limitations for prosecution (Article 49 of the Criminal Code) during a suspended case: whether the clock stops or if military service counts toward that period. If a case is suspended due to mobilization but the statute of limitations continues to run, this could lead to impunity.

There is also a need for oversight regarding where mobilized suspects are assigned. Concerns have been raised that some may end up in rear units or administrative roles, effectively avoiding the front lines and accountability. Investigative reports have confirmed that such concerns are not unfounded.