The Supreme Court has concluded that serving in the military during mobilization does not automatically affect the running of the statute of limitations in criminal proceedings. Even if a case is suspended due to the defendant’s mobilization, this does not mean that the limitation periods for bringing criminal liability are also suspended.
Source: OBOZREVATEL
The case concerns criminal proceedings over the unlawful appropriation of a company’s property and document forgery. This position was set out by the Criminal Cassation Court of the Supreme Court in a ruling dated May 12, 2026, in case No. 607/15056/21.
According to case materials, in 2015 the defendant forged company documents, appointed himself as director, used them to make changes in the state register, and subsequently disposed of real estate. The losses to the owners were estimated at over 836,000 UAH.
The court of first instance found him guilty and sentenced him to six years in prison, but on some counts he was released from liability due to the expiration of the statute of limitations.
Later, the appellate court partially overturned the verdict and fully closed the proceedings, applying Article 49 of the Criminal Code of Ukraine on limitation periods.
The representative of the victim argued that the defendant had evaded justice, including by failing to appear at hearings and by serving in the military, and therefore the limitation period should have been suspended.
However, the Supreme Court stated that evasion of justice can only be considered intentional actions aimed at avoiding responsibility, confirmed by procedural decisions such as being placed on a wanted list.
The court also emphasized that even fines for non-appearance do not prove intentional evasion.
At the same time, the Supreme Court reminded that under the Criminal Procedure Code of Ukraine, proceedings against a mobilized defendant must be suspended until the end of military service. However, such procedural suspension does not affect the statute of limitations unless intentional evasion from investigation or trial is proven.
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