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Publication date: 21.05.2024
Probation supervision was used for the first time as the main punishment: an important step in reforming the justice system
Introduction
April 2, 2024 will go down in the history of Ukrainian justice as the day when the Novograd-Volyn city and district court first applied probation supervision as a new type of main punishment. This historical precedent was made possible thanks to the adoption by the Verkhovna Rada of Ukraine of the Law "On Amendments to the Criminal and Criminal Procedural Codes of Ukraine and some other legislative acts of Ukraine on improving the types of criminal punishments under martial law" dated August 23, 2023.
The essence of the case and the court's decision
The resident of the city of Zvyagel was found guilty of committing a criminal offense provided for in part 1 of Article 309 of the Criminal Code of Ukraine, which refers to the illegal acquisition and storage of a psychotropic substance without the purpose of sale. The court decided to sentence the offender to one year of probation supervision.
Probation supervision as punishment
Probation supervision is a relatively new type of punishment in the Ukrainian legal system. It provides for the restriction of the rights and freedoms of the convict, defined by law and established by the court verdict, with the use of supervisory and social-educational measures without isolation from society. Probation supervision can be appointed by the court for a period of one to five years.
In this case, the court imposed a number of duties on the convicted person:
Periodically appear for registration with the authorized body on probation.
Notify the authorized probation authority about a change of place of residence, work or study.Do not travel outside of Ukraine without the consent of the authorized probation authority.
Get a job or contact the state employment service to register as unemployed and get a job if there is a suitable offer.
Legislative changes that made this possible
The Verkhovna Rada of Ukraine adopted a law introducing probation supervision as a new type of punishment, adapting the legal system to modern challenges. Legislative changes, in particular, made corrections to Article 51 of the Criminal Code of Ukraine, which provides for the possibility of applying probation supervision to persons found guilty of committing a criminal offense.
Advantages of probation supervision
The introduction of probation supervision as a form of punishment has several important advantages:
Reducing the rate of recidivism: Probation supervision involves social and educational measures that contribute to the resocialization of offenders.
Reducing the burden on the penitentiary system: Probation supervision avoids the isolation of offenders from society, reducing the number of prisoners in prisons.
Cost-effectiveness: It costs the state much less to keep convicts under probation supervision than to keep them in correctional institutions.
Social integration: Convicts under probation supervision have the opportunity to continue working or studying, which contributes to their return to normal life.You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Conclusion
The introduction of probation supervision as the main form of punishment is an important step in the reform of the Ukrainian legal system. The first case of its application by the Novograd-Volyn City District Court demonstrates the judicial system's readiness for innovations and the desire to humanize criminal justice. This decision opens up new opportunities for the resocialization of offenders and reducing the burden on the penitentiary system, while at the same time ensuring the protection of the rights and freedoms of citizens.
