Restrictive measures on released from serving sentence with probation period

Abstract

Problem of releasing on parole is discussed. This publication considers changes to the criminal law of Ukraine regarding the prevention of domestic violence in the family. In particular, certain attention is paid to restrictive measures applicable to persons who have committed domestic violence. It has been researched that the sanction of Art. 126-1 of the Criminal Code of Ukraine (it provides for criminal liability for the commission of domestic violence), allows, guided by the provisions of Art. 75 of the Criminal Code of Ukraine, to release a person from serving a sentence with probation period. The imposition of duties on such convicted person will not only be based on Art. 76 of the Criminal Code of Ukraine, and additionally in accordance with Art. 91-1 of the Criminal Code of Ukraine. Failure to fulfill these obligations has different legal meaning, which should be reflected in law enforcement practices.

The thesis systematic scientific research on the problem of the remission of penalty with probation was carried out.

The case-law has been analyzed to determine the range of duties that a court may now impose on a suspended sentence. The consequences of their non-fulfillment are considered.

The duties assigned to persons who have been released on probation divided into types. By their nature, they are classified into three groups: required, optional general, and optional special.

On the basis of studying special literature, a conclusion is drawn that problems of application of release from serving the punishment with probation for certain types of crimes are investigated insufficiently.

The opinion is justified that the non-performance by the released from serving sentence with probation period given to him in accordance with Art. 91-1 of the Criminal Code of Ukraine, entails not only criminal liability under Art. 390-1 of the Criminal Code of Ukraine, and testifies that the convicted person did not meet the conditions of the trial period. That is, such a person should be punished by a set of sentences.

Propositions concerning improvement of the application existing Criminal Code were formulated and substantiated.