The Verkhovna Rada adopted a law on the payment by convicts of costs related to the execution of court decisions
The Verkhovna Rada of Ukraine passed bill No. 9149, aimed at improving the execution of punishments in the form of fines and community service. The draft law, submitted by the Cabinet of Ministers of Ukraine at the initiative of the Ministry of Justice back in March 2023, is designed to eliminate shortcomings in the mechanisms for implementing such punishments.
Execution of punishments in the form of fines is currently carried out by authorized probation authorities, but the lack of clear mechanisms makes their proper execution impossible. This often leads to the refusal of the courts to consider the submissions of the probation authorities to replace the unpaid fine with other types of punishment.
The new law provides that those sentenced to fines, community service, correctional services or those released from punishment with probation will cover the costs associated with the execution of court decisions. These funds will be directed to a special fund of the state budget to ensure the organization of execution of punishments. The maximum amount of such expenses will not exceed 50% of the subsistence minimum for able-bodied persons, which will amount to UAH 1,514 in 2024 and 2025.
In addition, the draft law introduces changes to Article 26 of the Criminal and Executive Code of Ukraine. It proposes to combine the functions of the probation authorities and the state executive service for compulsory collection of fines in case of their non-payment, and also allows to initiate the replacement of the fine with another punishment only if the convicted person has no property or funds.
As for the performance of community service, it is proposed to increase their daily duration to 8 hours, which will allow convicts to more quickly fulfill the prescribed sentence and increase the interest of employers in this form of cooperation. The working schedule will be established by the owner of the enterprise together with the convict, taking into account his main place of work or study.
The law also provides for the expansion of the territorial limits of the performance of public works, allowing their performance within the city or region, provided that convicts are transported to the place of work. This should increase the interest of local self-government bodies and contribute to the liquidation of the consequences of military actions thanks to unpaid work.
