FEATURES OF CONDITIONAL RELEASE PROCEDURE

As is well known, the content of the punishment for a criminal offense is as follows: in addition to its own punishment, an important factor is the state's desire to correct the convicts and prevent them from committing new crimes. If even before the expiry of the sentence imposed by the court there are prerequisites for considering this goal achieved, then there is no need to continue serving the sentence.

 That is why, according to the Criminal Code of Ukraine, certain categories of convicts may be fully or partially released from further serving sentences. This becomes possible after serving a certain part of their sentence. The UDO applies to those sentenced to prison in the form of correctional labor, service restrictions for servicemen, restraint of liberty, detention in a disciplinary battalion of servicemen, or imprisonment.

 Leaving the UDO does not mean that the punishment has already been served and that it can be forgotten. The meaning of the UDO is precisely its name: a release, but at the same time conditional, that is, the person continues to be convicted. First, in order to receive an OCD, you must fulfill all the conditions, which will be discussed below. Secondly, the person being released is sentenced to a probationary period of not serving a sentence, during which the person must prove the fact of his correction. Violation of the conditions of probation leads to resumption of execution of the appointed punishment. The probation authority monitors compliance with the conditions of the probation service, its work is reduced to the supervision of the convicted person, who must visit the probation centers, meet periodically with the supervising officer and observe law-abiding behavior.

 Consideration of the issue of the UDZ is decided by the court at the request of the prosecutor, the convicted person, his lawyer, the institution of execution of sentences. The deadline for considering an application for an UDZ is 10 days from the date of arraignment. The convicted person, his defense lawyer and the prosecutor are summoned to court. The court during the hearing considers the petition and makes its decision.

 It should be borne in mind that if the court denies the request for a UDZ and this decision enters into force, then the consideration of the same petition again, on the same issue, depends on the punishment provided for by the relevant article: the person who was convicted of serious and particularly grave crimes for a term longer than five years, may file a second petition only one year from the date of the court ruling on the refusal; all other convicts, including minors - not earlier than 6 months.

 Finally, the last: from what moment, after the court has satisfied the petition, can you leave the prison from prison?

 The court order becomes effective after the deadline for lodging an appeal, or immediately after the ruling on appeal. That is, immediately after the decision of the Court of Appeal was announced. But at the same time, early release requires that the documents from the court be delivered to the colony, which in the best case will happen no earlier than 5-7 days, or even a few weeks after the announcement of the decision. You can try to get a lawyer who can make a decision in court immediately after his announcement and take him to the correctional facility, but there is no guarantee that the lawyer will accept the documents and not wait for a letter in the mail. In addition, if the decision comes after lunch, then it will be made only the next business day. Therefore, given that parole is a matter of years, it is best to have patience and wait a few more days.