Draft bill #3342-IX of August 23, 2023 

Status: the law will come into effect on March 28, 2024 

Who is affected: suspects and accused, courts, prosecutors, and law enforcement agencies 

Summary of the bill: 

  • a new penalty will be introduced into the Criminal Code: supervised probation. It entails the restriction of a convicted person’s rights via the application of supervisory and educational measures without isolating the person from society 
  • probation may be used as penalty for the following offenses: intended minor bodily injury; battery and torture; domestic violence; threats to kill; spreading of venereal disease; refusal to assist a patient by a medical professional; forced donation of blood; child exploitation; violation of political party financing and pre-election campaigning requirements; failure to pay alimony; obstruction of journalistic activity; non-payment of wages, scholarships, pensions, or other legally required payments; theft, robbery, fraud, etc. 
  • the court imposes the following duties on a convicted person under supervised probation: 
    • report periodically for registration to the designated body responsible for probation 
    • inform the designated body about changes in place of residence, work, or study 
    • not leave Ukraine without approval from the designated body responsible for probation 
  • the court may also impose the additional obligations: 
    • use an electronic surveillance device and reside at the address stipulated in the court decision 
    • comply with court requirements regarding certain actions, restrictions on communication, travel, and leisure activities 
    • find employment either through the designated probation body or register as unemployed with the state employment service and get employed when offered a job 
    • act according to the probation program 
    • undergo treatment for drug or alcohol addictions, mental or behavioral disorders caused by psychoactive substance abuse or diseases threatening the health of other people 
    • supervised probation will be assigned for a period of one to five years 
  • probation will not be assigned to those who committed a criminal offense while under probation 
  • arrest penalty for a convicted service member will be substituted to isolation at the guardhouse for one to six months. 

What is right: 

  • humanization of the penitentiary system and expanding opportunities for the rehabilitation of a person without isolation from society 
  • Ukraine is harmonizing its legislation with European standards. 

Background information: on December 16, 2022, the Verkhovna Rada adopted the Penitentiary System Reform Strategy until 2026 and the implementation plan for 2022-2024. One of its strategic goals is to use more penalties alternative to imprisonment in order to avoid the isolation of a person from society. The strategy relies on the principle that the effectiveness of punishment is ensured by its inevitability, not by its severity.