EXECUTION OF A SENTENCE IN THE FORM OF COMMUNITY SERVICE

Abstract

The article focuses on the criminal law and criminal executive aspects of serving a sentence in the form of community service. In the course of the study of the issue, the author identifies the main problems which arise during the performance of community service, including regulatory and legal gaps, as well as inconsistency between the activities of the sentencing and enforcement authorities. It is determined that community service is an alternative type of criminal punishment aimed at correcting a person without isolation from society, but at the same time involving the convicted person in performing socially useful work. The author points out the humanistic potential of community service, which in turn contributes to correction, re-socialisation and prevention of new criminal offences committed by a convicted person. The author draws attention to the changes made to national legislation in 2024 and analyses a new model of community service within the framework of the Probation Centre's pilot project based on European experience, in particular, the Netherlands. In addition, it is indicated that during the period of 2024, there were changes in the execution of the sentence in the form of community service, namely, the list of places of community service was expanded, in particular, these may be enterprises, institutions, organisations within territorial communities, cities or regions. It is proved that another positive innovation is the possibility of a convicted person to serve his sentence at his own request during the day for up to eight hours. This promotes motivation to perform work in a timely manner, accelerates resocialisation and facilitates the return to a full life. It is proposed to improve cooperation and coordination of activities between the probation authority, territorial bodies of the National Police of Ukraine and owners of enterprises, institutions and organisations where sentences are served when supervising community service. The article concludes that it is possible to increase the efficiency of community service through reforming the regulatory framework, organisation and provision of places for performing community service with due regard for the best foreign practices. It is stated that in order to achieve motivation of convicts to perform community service, it is necessary to create appropriate conditions for its organisation at enterprises, institutions and organisations, and to ensure effective supervision over the performance of community service, which will allow achieving the main purpose of punishment – correction of convicts, as well as prevention of new criminal offences by both convicts and other persons.