The President has signed a bill introducing a new type of punishment — probationary supervision
President Volodymyr Zelenskyy has signed Law No. 9185, which introduces a new type of punishment in Ukraine — probationary supervision. The document will enter into force six months after its publication. These changes are intended to humanise the penitentiary system and optimise the operation of pre-trial detention centres under martial law, particularly to free up space for prisoners of war.
According to the new Article 59-1 of the Criminal Code, probationary supervision involves a comprehensive influence on the offender without isolation from society. Such a punishment will be imposed for a term of 1 to 5 years (for minors, 1 to 2 years). It will serve as an alternative to restriction or deprivation of liberty and will replace arrest for civilians.
Obligations of those sentenced to probationary supervision
Persons sentenced to this punishment are obliged to:
- periodically appear for registration at the probation authority;
- notify of any change of residence, place of work, or study;
- not travel outside Ukraine without prior approval.
Additionally, the court may compel the convicted person to wear an electronic monitoring device, find employment, undergo treatment for addictions, or complete measures under a probation programme. Evasion of probationary supervision is punishable by deprivation of liberty for up to three years.
Scope of application and legislative changes
Probationary supervision is being introduced into more than 140 articles of the Criminal Code. Specifically, it may be applied for crimes such as domestic violence, evasion of child support, theft, robbery, fraud, illegal possession of drugs without intent to distribute, forgery of documents, obstruction of journalistic activities, and other offences of moderate severity.
The new version of Article 60 of the Criminal Code stipulates that the punishment in the form of arrest will now apply only to military personnel (in a guardhouse for 1 to 6 months). The law establishes a procedure for calculating terms: two days of probationary supervision are equal to one day of deprivation of liberty or arrest.
Details regarding collaborators and the history of the reform
According to Oleh Yanchuk, Director of the State Institution ‘Probation Centre’, probationary supervision is not currently applied to those convicted of collaborationism — for them, control is limited to the ban on holding certain positions. However, the probation service intends to push for expanded powers for individual work with this category of persons.
The introduction of probationary supervision is part of the prison reform launched in 2020. According to the Ministry of Justice, this approach is more economically beneficial for the state, and the recidivism rate among persons under probationary supervision is only 1.3%.