Concept and content of probation in criminal legislation

Abstract

This article is dedicated to analyzing the concept and legal nature of probation in Ukrainian criminal legislation. The study focuses on understanding probation as a form of criminal-legal influence that combines elements of punishment and opportunities for rehabilitation for the convicted. Considering the historical context and contemporary realities of criminal legislation, the author examines the evolution of the probation institute, from the release from punishment for minor crimes in the pre-revolutionary period to conditional sentencing and suspension of the sentence in independent Ukraine. Particular attention is given to the changes that occurred following the adoption of the Criminal Code of Ukraine in 2001, which marked a significant expansion of non-custodial punishments and defined new legal frameworks for probation. The article also explores various legal interpretations and scientific approaches to defining the essence of probation, emphasizing its ambiguity and complexity. The article analyzes the concept of «probation» in the context of criminal legislation, taking into account the perspectives of prominent scholars. The author aims to investigate the essence of this term, its object, and the subject of regulation in criminal legislation. It is revealed that the institution of probation in Ukraine developed less intensively compared to Western countries, with its formation commencing with the adoption of the Criminal Code of Ukraine in 2001. The article highlights the stages of the establishment and development of the probationary system in independent Ukraine, emphasizing the transition to a new approach to penalties not associated with imprisonment.
 The study scrutinizes the institution of criminal law in Ukraine - release from punishment and its serving, particularly in the context of conditional releases. Section XII of the Criminal Code of Ukraine examines various forms of release. Special attention is given to conditional releases linked to the fulfillment of specific requirements during the probationary period. The article elucidates the procedure for applying release from punishment with probation, emphasizing the role of the court and the obligations of the convicted individual. It notes that different human rights advocates have different interpretations of the term «probation.»