CRIMINAL LIABILITY FOR EVASION OF A CONVICTED PERSON FROM SERVING A SENTENCE OF PROBATIONARY SUPERVISION

Introduction. The study is devoted to the issue of criminal liability for evasion of a convicted person from serving a sentence in the form of probationary supervision. The study has established that the sanction of the analyzed article does not correspond to the level of public danger. The article provides a criminal law characterization of the crime and gives examples when a person sentenced to probationary supervision, evading its serving, is in a more favorable position than a person to whom such a sentence was not imposed. It is established that the issue of determining the amount of sanctions for criminal offenses in Ukraine remains one of the most relevant and important topics of modern legal science. Purpose. The purpose of the article is to study the theoretical and practical issues of criminal liability for evasion of a convicted person from serving a sentence in the form of probationary supervision. Materials and methods. The research materials are: 1) the Criminal Code of Ukraine 2) works of domestic authors conducting their scientific and practical research on theoretical and practical problems of approbation supervision. Results. The article substantiates that the introduction of such a criminal offense as a convicted person's evasion of serving a sentence under probation supervision is in line with the trends towards humanization of criminal liability, satisfaction of the recommendations of the European Court of Human Rights regarding the need to optimize the penitentiary system and reduce the number of convicts, and the development of a democratic state governed by the rule of law towards which we are moving. Discussion. After analyzing the novelties of the legislation, we can conclude that the punishment in the form of probationary supervision is similar to the court's application of release from serving a sentence with probation (Article 75 of the Criminal Code of Ukraine). However, the scope of Article 75 of the Criminal Code of Ukraine is broader, as it also applies to serious crimes. It is noted that final conclusions regarding the expediency of such changes to the criminal justice system and criminal legislation can be made only after a period of adaptation of legislatively adopted innovations and resolution of issues which will arise in the course of committing such a criminal offense as punishment as evasion of a convicted person from serving a sentence in the form of probationary supervision.