Probation supervision in Ukraine – our lawyer’s comment on Law No. 9185

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Mamedova Liliya

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Expert in the field of criminal law. Specializes in crimes in the field of corruption, bribery, military activities, crimes in the financial sector and crimes against the foundations of national security. Assistance in the European Court of Human Rights and issues of international investigation.

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Probation supervision in Ukraine – our lawyer’s comment on Law No. 9185

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What is probation supervision as a new type of punishment and when should it come into effect?

Probation supervision is a type of punishment for a crime (except for serious and military crimes), when the convict is not in a traditional prison, but in a correctional center. He spends the night here, but during the day he can leave there, he can work in some kind of production. At the same time, educational work is carried out with constant control, sometimes with electronic monitoring of movement – a bracelet. According to Law No. 9185, it has been in effect since 2023 in Ukraine under martial law.

Probation as a form of punishment is used in a number of democratic countries of the world. Since 1990, the UN and the Council of Europe have adopted around 20 resolutions aimed at developing alternative measures to imprisonment. In 2010, the “Council of Europe Rules on Probation” were adopted, which became the basis for the adoption of the Law of Ukraine “On Probation”.

What categories of crimes fall under the new legislative term “probation supervision”?

  • misdemeanor
  • minor crimes

Why was such a punishment introduced? Is this a European and global trend? Is this good or bad for the entire legal system?

The introduction of probation supervision, as a type of punishment within the framework of the second stage of the penitentiary reform, instead of restricting freedom, is expedient and brings Ukraine closer to international standards, because in developed countries this institution has existed for the third century.

Among the advantages of probation supervision is the fact that the person remains in society, does not isolate himself from his family, can work and pay taxes. That is, the person sentenced to this type of punishment is a full-fledged member of society without any restrictions – only with additional obligations, in particular, regarding compliance with supervision and control measures.

Introducing probation as a punishment will reduce the prison population. Therefore, the state will not spend money on ensuring the maintenance of the convict in places of imprisonment or restriction of freedom.

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