Conditional punishment in Ukraine: what it is and when it is applied

“Conditional punishment” and “conditional term” are everyday names. In the Criminal Code of Ukraine (hereinafter — the CC), this is release from serving a sentence on probation (Article 75 of the CC). The court imposes a punishment but releases the person from serving it if, during the probation period, the person does not commit a new criminal offence and performs the obligations imposed on them (Article 75(3) of the CC). This is not an acquittal: the accused is found guilty (Article 374(4) of the Criminal Procedure Code of Ukraine, hereinafter — the CPC). Whether a person is considered to have a criminal record during probation is addressed in the article on conditional criminal record.

In brief

• As a general rule, release is possible only from corrective labour, service restriction for military servicemen, restriction of liberty or imprisonment for a term of not more than five years.
• The probation (“conditional”) period is from one to three years; juveniles and women under Article 79 of the CC have their own limits.
• The court always imposes two obligations; others — if they are necessary and sufficient for the person’s reform.
• For violations, the probation body issues a written warning, and for systematic ones applies to the court. A new criminal offence — punishment on cumulation of sentences.

When the court may release on probation

The conditions are set out in Article 75(1) of the CC. The first is the punishment: corrective labour, service restriction for military servicemen, restriction of liberty or imprisonment for a term of not more than five years. The second is the court’s conclusion that the convicted person can reform without serving the punishment, taking into account the severity of the criminal offence, the personality of the offender and other circumstances of the case. The law says “may”: this is the court’s right, not an obligation.

A separate case is agreements. If the parties to a reconciliation agreement or a plea agreement have agreed on a punishment within the same limits and on release on probation, the court, in approving the agreement, makes such a decision (Article 75(2) of the CC).

When release on probation is not possible

As a general rule, release is not granted from other punishments, in particular imprisonment of more than five years. In addition, Article 75(1) of the CC excludes persons convicted of:

• corruption and corruption-related criminal offences, except where the court approves a plea agreement (the second paragraph of Article 75(1) of the CC). In such an agreement, release on probation can be agreed also from imprisonment for a term of not more than eight years (the second paragraph of Article 75(2) of the CC);
• criminal offences provided for by Articles 403, 405, 407, 408, 429 of the CC, committed under martial law or in a combat situation;
• violation of road traffic safety rules or of the rules for operating transport by persons who drove vehicles in a state of intoxication or under the influence of medicines that reduce attention and reaction speed;
• torture provided for by Article 127(3) of the CC.

Juveniles, pregnant women and women with children under seven

A juvenile can be released on probation only from imprisonment; the probation period is from one to two years (Article 104 of the CC).

Article 79 of the CC applies to pregnant women and women with children under seven. If restriction of liberty or imprisonment has been imposed on them, the court may release them from serving both the principal and the additional punishment, except for those sentenced to imprisonment for a term of more than five years for serious and particularly serious crimes, and also for corruption and corruption-related criminal offences. The probation period falls within the period for which the woman may be released from work in connection with pregnancy and childbirth and until the child reaches the age of seven. After it, depending on the convicted woman’s behaviour, the court releases her from the punishment or sends her to serve it. In addition to the general grounds, the court, on the submission of the supervising body, sends the convicted woman to serve the punishment if she has abandoned the child, placed the child in a children’s home, disappeared from her place of residence, or evades the upbringing of the child and care for the child (Article 79(5) of the CC).

How long a “conditional term” lasts

The probation period is set by the court at from one year to three years (Article 75(4) of the CC) and is calculated from the moment the judgment is pronounced (Article 165(1) of the Criminal Executive Code of Ukraine, hereinafter — the CEC). The court states the period and the obligations in the judgment (Article 374(4)(2) of the CPC), so check the conditions against it.

Additional punishments may be imposed together with the release: a fine, deprivation of the right to hold certain positions or engage in certain activities, deprivation of a military or special title, rank, grade or qualification class, deprivation of a state award of Ukraine (Article 77 of the CC).

Obligations during probation

The court always imposes two obligations (Article 76(1) of the CC):

• to report periodically for registration to the authorised probation body;
• to notify this body of a change of residence, work or study.

In addition, the court imposes obligations necessary and sufficient for the convicted person’s reform, from the following list (Article 76(3) of the CC):

• to apologise to the victim publicly or in another form;
• not to leave Ukraine without the agreement of the authorised probation body;
• to find employment or, on referral from the probation body, apply to the state employment service bodies to register as unemployed and to take up employment if a suitable position (job) is offered;
• to carry out the measures provided for by the probation programme;
• to undergo a course of treatment for mental and behavioural disorders resulting from the use of psychoactive substances or for a disease that poses a danger to the health of other persons;
• to comply with the requirements set by the court regarding certain actions and the restriction of communication, movement and leisure activities.

On persons convicted of crimes related to domestic violence, the court may also impose other obligations and prohibitions under Article 91-1 of the CC (Article 76(2) of the CC). If, for reasons beyond the convicted person’s control, the person cannot perform an obligation, the probation body submits to the court a motion for its change (Article 164(4) of the CEC; Article 537(1)(13-3) of the CPC).

What happens if the conditions are violated

The court sends the convicted person to serve the imposed punishment if the person fails to perform the obligations imposed or systematically commits offences that have entailed administrative penalties and indicate an unwillingness to take the path of reform (Article 78(2) of the CC).

The procedure is in Article 166 of the CEC: for failure to perform an obligation or for an administrative offence, the probation body holds a preventive conversation and issues a written warning; if an obligation was not performed for valid reasons, no warning is applied. It submits a motion to the court if the convicted person, without valid reasons, failed to perform the obligations three or more times during the probation period or committed three or more administrative offences encroaching on public order. The court decides (Article 537(1)(8) of the CPC).

A new criminal offence during the probation period entails punishment under the rules of Articles 71 and 72 of the CC, that is, on cumulation of sentences (Article 78(3) of the CC).

What happens after the probation period ends

A convicted person who has performed the obligations imposed and has not committed a new criminal offence is released by the court, on the submission of the probation body, from the imposed punishment, and supervision ends (Article 78(1) of the CC; Article 165(2) of the CEC; Article 537(1)(9) of the CPC).

A criminal record is expunged under point 1 of Article 89 of the CC: a person is deemed to have no criminal record if, during the probation period, the person did not commit a new criminal offence and the decision to release from serving the sentence on probation was not revoked. For women released under Article 79 of the CC, the conditions are different (point 2 of Article 89 of the CC). For more, see the article on conditional criminal record; for the general consequences, see the article on what a criminal record is and what its consequences are.

Do not confuse with conditional early release

Conditional early release (Article 81 of the CC) is possible only after part of the punishment has actually been served, whereas under Article 75 of the CC the person is released from serving at once — by the judgment.

For more on defence in criminal proceedings, see the service page.

The provisions are cited as currently in force as of 13 October 2026.