Theoretical, legislative and practical aspects of release from probation

Abstract

The article partially considers the issue of release from serving a sentence with probation, as a humanization of legislation and the state, determination of the probationary period for release from serving a sentence with probation under Art. 75.79 of the Criminal Code of Ukraine, the points of view of some scientists regarding the concept of the examination period and factors that affect the objectivity of the appointment of the examination period are analyzed.
 The essence of exemption from serving a sentence with probation is determined, the importance of the duties imposed on convicts and the expediency of additional punishments, the state of theoretical research on the issue of probation as a criminal-legal institution, the presence of problems and gaps in the legislation when applying this form of criminal-legal influence.
 An actual and promising direction of further research on this issue has been developed, which will be important for the theory of criminal, criminal law and criminology, and will also improve the effectiveness of the practical application of the specified norms of the Criminal Code of Ukraine. The institute is widely used in practice, it has a place of effectiveness, because it is possible to achieve the goals set by the punishment, without actually serving it and with minimal consequences for both the state and the convicted person. At the same time, there are also negative consequences for the convict in the form of actually serving the prescribed measure of punishment, if the latter did not fulfill the duties assigned to him, committed criminal offenses during the probationary period, as well as other illegal actions, which indicate his unwillingness to stand on way to fix it. In general, this issue is a relevant and promising direction of research, which is important both for the theory of criminal and criminal enforcement law, criminology, and for the practice of application.