PROBATION SUPERVISION AS A TYPE OF PUNISHMENT IN THE CRIMINAL LAW OF UKRAINE

Abstract

The article considers probation supervision as a relatively new type of punishment. It is noted that in most European countries, penitentiary supervision is a special corrective and educational measure applied to persons who have been released from probationary punishment. It is proved that as of May 2025, the significance of such a legislative novelty for the development of criminal law policy is difficult to assess unambiguously, the reason for which is the unconfirmed effectiveness of probation supervision as a type of punishment and a number of scientific discussions regarding the legal nature and possibility of referring probation supervision to the system of punishments. It is noted that currently penitentiary supervision is provided for as a type of punishment in the sanctions of about 170 criminal law norms, which establish criminal liability for both criminal offenses and for minor and medium-serious crimes. In some cases, the legislator violated the logic and consistency of determining the type and amount of punishment depending on the system provided for in Art. 51 of the Criminal Code of Ukraine and directly the gravity and social danger of the criminal offense. Attention is drawn to the fact that the legislator (except for the obvious criminal law consequences) did not clearly define the difference between the restriction of the rights and freedoms of a criminal offender released from serving a sentence with probation and a criminal offender who was sentenced to probationary supervision. According to the results of the analysis of Articles 59-1 and 76 of the Criminal Code of Ukraine, it is indicated that in fact the difference consists only in the possibility of imposing on persons who were sentenced to probationary supervision the obligation to use an electronic means of control and supervision and to live at the address specified in the court decision. It is summarized that the opinion of scientists regarding the expediency of classifying such a measure as special supervisory and social-correctional measures of interaction with persons who were released from serving a sentence with probation is absolutely justified. In particular, this can also be one of the ways to improve the duties that the court imposes on a person released from serving a sentence with probation.