Poland to Grant Amnesty and Abolition to Volunteers Who Fought for Ukraine

Polish volunteers who joined the Ukrainian army to fight Russian aggression will not be punished in Poland, even if they failed to complete the required formal procedures before leaving the country.

Those who have already been convicted will be covered by an amnesty. This is outlined in a draft law on exempting Polish citizens from liability for participating in the war on Ukraine’s side, according to Defence24.

On Thursday, Poland’s parliamentary committees on defense and justice reviewed a report prepared by a subcommittee that has been working on the draft law since autumn and approved several amendments.

In addition to abolition – meaning no criminal liability for those who went to fight for Ukraine without official permission – the amendments introduce amnesty for individuals who were charged or convicted for such actions.

Lawmakers noted that some volunteers had already been prosecuted and sentenced, including in cases with final court rulings, which made it necessary to include an amnesty provision in the bill.

The committees will also recommend that the Sejm apply the abolition retroactively from April 6, 2014, rather than February 24, 2022. This date reflects the start of Russia’s military actions against Ukraine, prior to the full-scale invasion.

Under the version recommended by the committees, the law will apply to actions committed before the new legislation enters into force.

Defense Ministry Agrees

The Ministry of National Defense has also signaled openness to possibly extending the period covered by the abolition.

The draft law stipulates that crimes and offenses consisting of service in the Ukrainian military without the required authorization are to be “forgiven and considered null and void.”

The recruitment of volunteers for the Ukrainian army will also not be subject to prosecution.

The provisions apply exclusively to participation in the fight against Russian aggression as part of the Armed Forces of Ukraine, which operate under the lawful authority recognized by the Republic of Poland.

A person who joined the Ukrainian army without the consent of the competent authority will be required, within six months, to notify the Minister of Defense in writing of the date and place of the start and end of their service.

The information contained in the statement will be classified and used to serve the needs of the Polish Armed Forces.

Under the Homeland Defense Act, a Polish citizen may serve in a foreign army or a foreign military organization with the consent of the Minister of National Defense.

The Act on the Universal Obligation to Defend the Homeland (which was in force in 2014 and on the day of Russia’s attack on Ukraine on February 24, 2022) allowed service in a foreign military, provided that permission was obtained from the Minister of the Interior after consultations with the Ministers of Defense and Foreign Affairs.