FEATURES OF THE LEGAL STATUS OF THOSE CONVICTED FOR DOMESTIC VIOLENCE DURING SUPERVISED PROBATION
Author (s): Mytska O.
Work place:
Mytska O.,
PhD in Law, Associate Professor of the Department of Formation and Development of Professional Competencе of Personnel of the State Criminal-Executive Service of Ukraine,
Institute of Professional Development,
Penitentiary Academy of Ukraine, Chernihiv, Ukraine
ORCID: 0000-0003-4621-8809
Language: Ukrainian
Criminal Executive System: Yesterday. Today. Tomorrow. 2026. № 1 (19): 104–115
https://doi.org/10.32755/sjcriminal.2026.01.104
The article analyzes the legal statuses of those sentenced to community service and probation, in the order of their imposition, these types of punishments are the most basic. The article also pays special attention to such a means of criminal and correctional influence as release from serving a sentence with probation. In the process of the study, it was established that the legal status of those convicted of domestic violence is of great importance in preventing the commission of a repeated criminal offense during the period of serving the sentence. Legal status is a complex, comprehensive institution that encompasses a number of other institutions. It was found that when imposing a sentence in the form of community service, the court may also impose on the guilty party the obligation to complete a program for offenders, the implementation of which is entrusted to local state administrations and local self-government bodies. The purpose of this program is to change the violent behavior of the offender, the formation of socially acceptable norms and humanistic values. Unlike other punishments not related to deprivation of liberty, the legal status of those sentenced to probationary supervision consists of normatively established provisions contained in the Criminal Code and the Code of Criminal Procedure of Ukraine. In addition, it is necessary to pay attention to the fact that the court may impose on a person sentenced to this type of punishment the obligation to carry out measures provided for by the probation program, which are implemented by authorized probation bodies. When released from serving a sentence with probation, in order to achieve his goals, the convicted person is subject to certain requirements during the probation period, which he is obliged to fulfill. These provisions are contained in the Criminal Code and the Code of Criminal Procedure of Ukraine. The court may additionally impose such obligations on persons released from serving a sentence with probation, namely to carry out measures provided for by the probation program.
Key words: domestic violence, probation, offenders, legal status of convicted persons, community service, probationary supervision, release from serving a sentence with probation. probation program.
References
- Tychyna, D. M. (2024), Criminal-law, criminological and penal foundations of preventing domestic violence in Ukraine : Doctor of Law dissertation, Kyiv.
- Holina, V. V., Stepaniuk, A. Kh., Lysodied, O. V. et al. (2011), Criminal-Executive Law, Pravo, Kharkiv.
- Ukraine (2001), Criminal Code of Ukraine : Law of Ukraine dated 05 April 2001 No. 2341-III, Vidomosti of the Verkhovna Rada of Ukraine, No. 25–26, Art. 131.
- Avtukhov, K. A., Haltsova, O. V., Kutiepov, M. Yu. et al. (2021), Theoretical issues of improving criminal-executive legislation of Ukraine and its application practice, Kharkiv, Pravo.
- Bohatyrova, O. I. and Olefir, L. I. (2019), Application of probation in Ukraine: theory and practice, Desna Polihraf, Chernihiv.
- Muzyka, A. A., Konopelskyi, V. Ya., Pysmenskyi, Ye. O. et al. (2018), Criminal and executive law of Ukraine : textbook : in 2 vol. / by E. Yu. Barash (Еd.), Vol. 1, FOP Kandyba T. P., National Academy of Internal Affairs, Kyiv.
- Ukraine (2003), Criminal-Executive Code of Ukraine : Law of Ukraine dated 11 July 2003 No. 1129-IV, Vidomosti of the Verkhovna Rada of Ukraine, No. 3–4, Art. 21.
- Snitko, O. M. (2021), “Main violations of the legal status of prisoners in penitentiary institutions of Ukraine”, Scientific Herald of Sivershchyna. Series: Law, № 3 (14), pp. 91–100. https://doi.org/10.32755/sjlaw.2021.03.091
- Criminal-Executive Law of Ukraine (2008) : textbook, Pravova Yednist, Kyiv.
- Hutsuliak, M. Ya. (2010), Criminal-executive characteristics of punishment in the form of community service : PhD in Law Thesis, Lviv.
- Hutsuliak, M. Ya. (2010), “Legal status of persons sentenced to community service”, Bulletin of Zaporizhzhia National University. Law Scienses, № 3, pp. 138–142.
- Ukraine (2018), On approval of the Standard programme for perpetrators : Order of Ministry of Social Policy of Ukraine dated 01 October 2018 No. 1434, available at: https://zakon.rada.gov.ua/laws/show /z1222-18#n13 (accessed 26 January 2026).
- Ukraine (2023), On amendments to the Criminal Code, Criminal Procedure Code of Ukraine and other legislative acts of Ukraine on improving types of criminal punishment : Law of Ukraine dated 23 August 2023 No. 3342-IX, available at: https://zakon.rada.gov.ua/laws/show/3342-20#Text (accessed 26 January 2026).
- Spodaryk, Yu. V. (2024), “Probation supervision as a new type of basic punishment: advantages and disadvantages”, Juridical Scientific and Electronic Journal, № 10, pp. 418–420. https://doi.org/10.32782/2524-0374/2024-10/96
- Knyzhenko, O. O. (2009), “Criminal-law and criminal-executive aspects of probation release”, Bulletin of Kharkiv National University of Internal Affairs, № 4, pp. 114–121.
- Ukraine (2017), On prevention and combating domestic violence : Law of Ukraine dated 07 December 2017 No. 2229-VIII, аvailable at: https://zakon.rada.gov.ua/laws/show/2229-19#Text (аccessed 26 January 2026).
- Zhuravel, T., Melnyk, L. and Stroieva, N. (2023), Overcoming domestic violence : methodological guide for a probation programme, Kyiv.