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LAW OF UKRAINE

of August 23, 2023 No. 3342-IX

About modification in Criminal, Criminal procedural codes of Ukraine and other legal acts of Ukraine concerning enhancement of types of criminal penalties

The Verkhovna Rada of Ukraine decides:

I. Make changes to the following legal acts of Ukraine:

1. In the Criminal code of Ukraine (The sheet of the Verkhovna Rada of Ukraine, 2001, Art. No. 25-26, 131):

Part one of Article 51 to add 1) with Item 7-1 of the following content:

"7-1) probation supervision";

2) in part one of Article 52 of the word "for the military personnel" shall be replaced with words "for the military personnel, probation supervision";

To add 3) with Article 59-1 of the following content:

"Article 59-1. Probation supervision

1. Punishment in the form of probation of supervision consists in restriction of the rights and freedoms of the convict determined by the law and established by the court verdict using supervising and social and educational measures without isolation from society.

2. The court assigns to the convict to probation to supervision the following obligations:

1) periodically to appear for registration in authorized body concerning probation;

2) to notify authorized body concerning probation on change of the residence, work or study;

3) not to leave Ukraine without approval of authorized body concerning probation.

3. The court can assign to the convict to probation to supervision of obligation:

1) to use electronic control facility and supervision and to live to the address specified in the judgment;

2) to observe the requirements established by court concerning making of certain actions, restriction of communication, movement and carrying out leisure;

3) to find a job or in the direction of authorized body concerning probation to address to bodies of public service of employment for registration as the unemployed and to find a job if it is offered to it position (work);

4) to carry out the actions provided by the probatsionny program;

5) to receive medical treatment for drug, alcoholic addiction, frustration of mentality and behavior owing to the use of psychoactive agents or the disease constituting health hazard of other persons.

Obligation use electronic control facility and supervision it is established by court for a period of one month up to one year.

4. Probation supervision is appointed for a period of one up to five years.

5. Probation supervision is not designated to persons who during serving of this type of punishment made criminal offense";

Article 60 to state 4) in the following edition:

"Article 60. Arrest

1. Punishment in the form of arrest consists in content of the condemned serviceman in the conditions of isolation on guardroom and is established for a period of one up to six months.

2. Arrest is not applied to the expectant mothers and women having children under seven years";

5) in Article 72:

a) add the name with words of "house arrest";

b) in part one:

add Item 1 with the subitem "and-1" the following content:

"and-1) two days of probation of supervision";

add Item 2 with the subitem "v" of the following content:

"c) two days of probation of supervision";

add with Item 5 of the following content:

"5) to one day of restriction of freedom there corresponds one day of probation of supervision";

c) add with part seven of the following content:

"7. House arrest is set off by court in time of punishment by the rules provided in part one of this Article proceeding from their such ratio - three days of the round-the-clock house arrest correspond to one day of imprisonment";

Article 76 part three in paragraph eight the word "second" to replace 6) with the word of "third";

Item 5 parts one of article 89 after words of "corrective works" to add 7) with words of "probation of supervision";

To state item 4 of part one of Article 98 in the following edition:

"4) probation supervision";

Article 101 to state 9) in the following edition:

"Article 101. Probation supervision

1. Probation supervision is applied to minors according to Article 59-1 of this Code.

2. Probation supervision concerning minors is appointed for a period of one up to two years";

"Arrest or" to exclude 10) in part two of Article 104 of the word;

The second Article 124 of the word "arrest for a period of up to six months" shall be replaced with words 11) in the paragraph "probation supervision for a period of up to two years";

Paragraph two of part two of Article 125 to state 12) in the following edition:

"it is punished by penalty from fifty to hundred free minima income of citizens or social jobs for a period of hundred fifty till two hundred forty o'clock, or corrective works for a period of up to one year, or probation supervision for a period of up to two years, or restriction of freedom for the same term";

Paragraph two of part two of Article 126 to state 13) in the following edition:

"are punished by probation supervision for a period of up to five years or restriction of freedom for a period of up to five years, or imprisonment for the same term";

Paragraph two of Article 126-1 to state 14) in the following edition:

"it is punished by social jobs for a period of hundred fifty till two hundred forty o'clock or probation supervision for a period of up to five years, or restriction of freedom for the same term, or imprisonment for a period of up to two years";

Paragraph two of part one of Article 129 to state 15) in the following edition:

"it is punished by probation supervision for a period of up to two years or restriction of freedom for the same term";

Paragraph two of part one of Article 130 to state 16) in the following edition:

"it is punished by probation supervision for a period of up to five years or restriction of freedom for the same term, or imprisonment for a period of up to three years";

Paragraph two of Article 132 to state 17) in the following edition:

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