Certain Peculiarities of Establishing Administrative Supervision under Martial Law in Ukraine

Abstract

This scientific article elucidates the socio-legal nature of administrative supervision established by a court for a specific term regarding convicted persons released from places of deprivation of liberty. It identifies the specifics of its application under martial law in Ukraine. It is established that in recent years, a clear trend toward a decrease in the number of persons serving sentences in the form of deprivation of liberty for a specific term has emerged in our state, which, in turn, necessitates expanding the list of convicted persons to whom the aforementioned type of state coercion should be applied after their release from closed-type correctional institutions. This conclusion is based on the fact that currently, the most socially dangerous categories of convicts who have committed serious and especially serious criminal offences are being held in places of deprivation of liberty. Consequently, until their criminal record is struck or cleared in accordance with the procedure established by law, the state is obliged to establish administrative supervision. An additional argument in this regard is the potential and real threats that have arisen in Ukraine under martial law (2022–2026), which undoubtedly include carriers of increased social danger, including convicts released from closed-type correctional institutions. Based on the research results, other specifics of applying the indicated type of state coercion to this category of persons have been identified, including: persons convicted of committing criminal offenses against the foundations of national security (state treason, collaborative activities, sabotage, etc.); persons convicted of crimes against peace, security of mankind, and international legal order; persons convicted of encroachments on public safety; and others. In view of the above, this scientific article demonstrates the need to improve the legal mechanism for the issues addressed in the study, including through the qualitative modification of legislative and other normative legal acts governing the procedure for establishing administrative supervision over persons released from places of deprivation of liberty.