WARSAW : Poland is moving to formally shield its citizens who volunteered to fight alongside Ukrainian forces from criminal liability, even if they left the country without completing the legally required authorization process. A new draft law, now advancing through parliament, would not only decriminalize such actions but also grant amnesty to those already convicted, marking a significant legal and political shift more than a decade after Russia’s first military moves against Ukraine.
Poland Moves to Clear Legal Path for Ukraine Volunteers
According to details reported by Defence24, the draft legislation was reviewed on Thursday by the Sejm’s parliamentary committees on national defense and justice. The committees examined a report prepared by a special subcommittee, which has been working on the bill since autumn, and approved a series of amendments broadening its scope.
At the heart of the proposal is the abolition of criminal liability for Polish citizens who joined the Armed Forces of Ukraine without obtaining prior consent from Polish authorities, as required under national law. The revised version goes further by introducing an amnesty for individuals who were already charged, sentenced, or subject to final court rulings for such actions.
Lawmakers said the amnesty clause became unavoidable after it emerged that several volunteers had already been prosecuted under existing statutes, despite acting in support of Ukraine during the war with Russia.
Retroactive Application to 2014
One of the most consequential changes approved by the committees is the recommendation that the law apply retroactively from April 6, 2014, rather than from February 24, 2022, the date of Russia’s full-scale invasion of Ukraine.
The earlier date reflects the beginning of Russia’s military actions against Ukraine following the annexation of Crimea and the outbreak of conflict in eastern Ukraine. By extending the timeline, the legislation would cover Polish volunteers who joined Ukrainian forces during the earliest stages of the conflict, long before the current phase of the war.
Under the proposed framework, the abolition and amnesty would apply exclusively to actions committed before the law enters into force, ensuring that past cases are resolved without altering future legal requirements.
Defense Ministry Signals Support
The Ministry of National Defense has indicated openness to the changes and has not ruled out further extending the period covered by the abolition. Officials involved in the legislative process have emphasized that the intent is not to weaken Poland’s control over foreign military service, but to address the unique circumstances created by Russia’s aggression against Ukraine.
The draft law explicitly states that crimes and offenses consisting solely of service in the Ukrainian military without authorization are to be “forgiven and considered null and void.” It also removes criminal liability for recruiting volunteers for the Ukrainian army.
Crucially, the provisions apply only to participation in combat against Russian aggression as part of the Armed Forces of Ukraine, which operate under a lawful authority recognized by the Republic of Poland. The law does not extend to service in unrecognized armed groups or other foreign military formations.
Reporting Requirement for Former Volunteers
While granting legal protection, the bill also introduces a reporting obligation. Any Polish citizen who joined the Ukrainian army without prior consent will be required, within six months, to submit a written notification to the Minister of National Defense.
The statement must include the date and place where the individual’s service in Ukraine began and ended. According to the draft, the information will be classified and used exclusively to meet the needs of the Polish Armed Forces, a provision lawmakers say balances transparency with national security concerns.
Legal Context and Existing Restrictions
Under Poland’s current Homeland Defense Act, Polish citizens are generally prohibited from serving in foreign armed forces or military organizations without the explicit consent of the Minister of National Defense. Violations can carry criminal penalties.
At the time Russia launched its full-scale invasion on February 24, 2022—and earlier, in 2014—the governing law was the Act on the Universal Obligation to Defend the Homeland. That legislation allowed foreign military service only after permission was granted by the Minister of the Interior, following consultations with the Ministers of Defense and Foreign Affairs.
The new bill does not abolish these rules going forward, but rather creates a narrowly defined legal exception tied specifically to the war in Ukraine.
Political and Symbolic Significance
The legislation reflects Poland’s long-standing political and military support for Ukraine and acknowledges the role played by Polish volunteers who crossed borders to fight Russian forces, often at personal and legal risk.
If adopted by the full Sejm, the law would formally close all outstanding legal cases related to Polish participation in Ukraine’s defense since 2014, offering legal certainty to veterans of the conflict and reinforcing Warsaw’s alignment with Kyiv amid the continuing war.
The draft now moves to the next stage of the parliamentary process, where it is expected to face further debate before a final vote.
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