Probation supervision under martial law: challenges and prospects of legal regulation

Abstract

The article examines the functioning of probation supervision as an alternative to imprisonment under martial law in Ukraine. The author analyzes the legal nature of probation supervision, noting that this institution combines punitive, supervisory, and rehabilitative elements aimed at achieving criminal justice goals without isolating the convicted person from society. Special attention is paid to the impact of martial law on the implementation of probation supervision, particularly such challenges as: increased crime rates, limited human and financial resources, population displacement, infrastructure destruction, and the physical inaccessibility of offenders.
The paper analyzes the regulatory framework governing probation supervision in Ukraine, including the Law of Ukraine «On Probation,» Article 59-1 of the Criminal Code of Ukraine, and other normative acts. The author identifies gaps in legal regulation, particularly the absence of a mechanism for adapting probation supervision under martial law, uncertainty regarding the procedure for controlling individuals who have changed their place of residence due to war.
The research includes an analysis of international standards in the field of probation, in particular the Council of Europe Probation Rules and the United Nations Standard Minimum Rules for Non-custodial Measures (Tokyo Rules).
Special attention is paid to the prospects for developing probation supervision in Ukraine through the implementation of digital technologies, telecommunications, and electronic means of interaction. The author proposes developing and integrating a unified electronic platform to automate information exchange between courts, probation services, and convicts, and emphasizes the importance of international cooperation for institutional strengthening of the probation system in accordance with European standards. The article contains practical recommendations for improving regulatory frameworks and organizational support for probation supervision under martial law.