Year: 2024
Type: article
Abstract: The article is devoted to the dogmatic analysis of the provisions on probation supervision as a new type of punishment under the criminal law of Ukraine. Using the previously proposed algorithm for studying each individual type of punishment, the author consistently examines such characteristics of probation supervision as: the content of its legal restrictions; concept; duration; the range of persons to whom it may be applied; peculiarities of its establishment in sanctions; peculiarities of appointment; peculiarities of appointment to minors; peculiarities of substitution; peculiarities of release from probation; impact on the expungement and removal of a criminal record; criminal liability for evasion of probation supervision. Based on the results of the analysis, the author describes each of these characteristics of probation supervision and shows the systemic links between the provisions on this type of punishment and other provisions of the Criminal Code of Ukraine. The author emphasises the need to abandon the use of this type of punishment in sanctions for serious crimes, as well as in sanctions for criminal offences for which probation is not allowed. The author formulates recommendations for judicial practice regarding the application of probation supervision when it is imposed for a single criminal offence, as well as for a combination of criminal offences or a set of sentences. The article also describes the possibilities of using probation supervision as a substitute or commutative punishment on all grounds provided for by the Criminal Code, as well as the possibilities for release from probation under each ground provided for by the Criminal Code. The author identifies the peculiarities of expungement of a criminal record for persons who have served a sentence in the form of probation supervision. For the first time in the literature, the author examines the issue of criminal liability for evasion of probation supervision and provides an interpretation of all elements of the criminal offence under Part 3 of Article 389 of the CC. Based on the results of the study, the author identifies and describes a number of legislative shortcomings in the legal regulation of probation supervision and suggests ways to address them.
Author: Yurii Anatoliiovych Ponomarenko
Institution: Yaroslav Mudryi National Law University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4405772342