PECULIARITIES OF APPLICATION OF SPECIAL PRINCIPLES OF RELEASE FROM SERVING A SENTENCE FOR CRIMINAL OFFENCES

Abstract

The article is devoted to the study of general and special principles of
application of release from serving a sentence for persons who have committed
criminal offences. The author also examines the problematic issues arising in
connection with the application of such measures. It has been established that the
release of a person from serving a sentence with probation on the basis of Art. 75
of the Criminal Code of Ukraine for committing criminal offenses may take place
in the event of the person being sentenced to correctional labor, service
restriction for military personnel, and restriction of liberty. At the same time, such
a measure of a criminal law nature cannot be applied for the commission of
certain criminal offenses (Part 1 of Art. 276 and Part 1 of Art. 281, Part 1, Part 3 of
Art. 357 of the Criminal Code of Ukraine) due to the regulatory restriction of such
a possibility. Also, when releasing a person who has committed a criminal offense
from serving a sentence on the basis of Art. 75 of the Criminal Code of Ukraine, the
court may impose on such a person an additional punishment in the form of a fine
or deprivation of the right to hold certain positions or engage in certain activities.
As for minors, they are provided with the possibility of being released from
serving a sentence with probation for a period of 1 to 2 years in the event that a
minor is convicted of a criminal offense and sentenced to imprisonment.