ЗВІЛЬНЕННЯ ВІД ВІДБУВАННЯ ПОКАРАННЯ З ВИПРОБУВАННЯМ У РАЗІ ЗАСУДЖЕННЯ ЗА КРИМІНАЛЬНО-ПРОТИПРАВНІ ПОСЯГАННЯ НА ГРОМАДСЬКУ ТА ПРИВАТНУ ПРОФЕСІЙНУ ОХОРОННУ ДІЯЛЬНІСТЬ

Abstract

The publication is focused on the consideration of practical application of the penal institution of exemption from serving a sentence on probation in case of conviction for criminal and unlawful encroachments on public and private professional security activities in Ukraine. Special attention has been paid to the social conditionality and constitutionality of this institution, which has deep historical roots, and embodies a humane attitude to persons at the present stage of the development of statehood, based on the assumption of a random nature of their wrongdoing, i.e., confirms the inviolability of the presumption of innocence principle in the context of narrowing the boundaries of criminal and legal repression. The author has characterized the state of judicial proceedings by criminal jurisdiction courts with regard to the imposition of criminal punishment and exemption from its execution with the probation. As a result of the analysis of the grounds of applying the considered type of exemption, it has been established that there is a number of inconsistencies, taking into account court practice, regarding the concluded agreement on reconciliation with the requirements of the criminal, criminal and procedural codes of Ukraine in case of conviction for criminal and unlawful encroachments on public and private professional security activities. Examples of existing case law substantiate the effectiveness and efficiency of the application of the exemption from serving a sentence on probation in case of conviction for criminal and unlawful encroachments within the researched fi eld. Th e author has concluded about the increase in public demand for public and private professional security organizations and the need for state support and promotion of their successful functioning. Emphasis has been placed on the effectiveness and expediency of applying the institution of the exemption from serving a sentence on probation in case of conviction for criminal and unlawful encroachments on public and private professional security activities.