MODERN STATE POLICY OF UKRAINE IN THE FIELD OF EXECUTION OF SENTENCES AND PROBATION: CHALLENGES AND SOLUTIONS

Abstract

The article clarifies the content, essence, and orientation of modern Ukrainian state policy in the field of executing sentences and probation. It identifies the main issues that require resolution at all levels (legislative, law enforcement, doctrinal, etc.). In particular, the study establishes a discrepancy between subordinate regulatory acts and the content of legislative sources governing the process of serving and executing criminal sentences in Ukraine. Specifically, while the current Criminal-Executive Code enshrines doctrinal provisions related to the state policy in the field of execution of sentences and probation (Part 1 of Article 11), contemporary governmental programs (Concepts, Strategies and others) approved by the Cabinet of Ministers of Ukraine refer instead to “penitentiary” policy, system, and related concepts. It is demonstrated that such an approach results from an insufficient understanding by subjects of legislative initiative (Article 93 of the Constitution of Ukraine), law enforcement actors, and scholars of the essential difference between state policy in the field of executing sentences and probation and penitentiary policy. This distinction is substantial; therefore, substituting these terms at the normative level renders reforms in this sphere conceptually empty and scholastic, leading to a wasteful and inefficient use of the State Budget of Ukraine, which is critically needed to address more urgent tasks under martial law conditions. Based on the results of the conducted research, the article identifies key problematic areas requiring implementation within the scope of this academic inquiry. Among them are: the search for additional financial resources necessary to ensure the process of executing and serving sentences; recruitment of personnel for the bodies and institutions of the penal system who possess qualitatively different professional characteristics compared to the current staff; and bringing conditions of detention for convicted persons and pre-trial detainees into compliance with European standards. The study also demonstrates that, given the critical situation currently faced by the system of execution of sentences and probation in Ukraine, it is practically impossible to proceed without utilising the potential capacities of society, civil society organisations, and other participants in criminal-executive activities, including those authorised by law to exercise control and supervisory functions over bodies and institutions of the penal system (state audit authorities, prosecution bodies, the Ukrainian Parliament Commissioner for Human Rights, and others).