Aligning the criminal justice system with European best practices is one of Ukraine’s commitments on the path towards European integration. The European Commission and the Council of Europe recommend that our country develop alternatives to imprisonment. Probation is considered to be one of the most effective mechanisms among such alternative sanctions.

This institution has been actively developing in Ukraine since the Law on Probation was adopted on 5 February 2015. It has become one of the most prominent innovations in Ukraine’s criminal justice system as it has made it possible for us to have less recourses to outdated approaches to punishment, facilitating the reintegration of offenders into society and preventing their reoffending.

The Essence of Probation and the Challenges in Implementing It in Ukraine

Probation is a system that provides supervision, monitoring and social and behavioural assistance to people who have committed criminal offences in order to rehabilitate them and prevent them from reoffending without isolation from society. Probation helps rehabilitate offenders by giving them an opportunity to remain in society, work, study, and participate in social and cultural activities. Thanks to the Probation Service, they can receive psychological assistance, employment counselling and social support, etc., which help to reduce reoffending. Moreover, there are cases when probation clients expressed a desire to become probation volunteers after completing the entire path of resocialisation and correction. That is, they started to provide various support to probation clients.

Reducing the Workload on the Penitentiary System and Saving Budget Funds

In Ukraine, as in many other countries, there is a problem of overcrowded prisons. Probation can partially solve this problem. As in many other countries, there is a problem of overcrowded prisons in Ukraine. Probation can partially solve this problem. In most cases, offenders who committed minor criminal offences and criminal offences of medium gravity (those punishable by up to 5-years imprisonment) are released from serving their sentences in prisons on probation. While the offenders are on probation, they must fulfil the obligations imposed by the court and must not commit any unlawful acts. Alternatively, they can be subject to other types of non-custodial sanctions: probation supervision, community service, correctional work, fines and other restrictions, which reduces the workload of the penitentiary system. As of 1 January 2025, almost 67,000 convicts are serving alternative non-custodial sentences.

It should be pointed out that probation is considerably less costly than imprisonment. According to publicly available data, the average monthly cost of maintaining prisoners in Ukraine is UAH 14,165 per person. That is, the state spends almost 170,000 UAH per year on each prisoner. Now, let’s multiply this figure by 67,000 (this is the number of people who could end up behind bars without probation). It seems to be significant cost reduction, doesn’t it?

Another positive effect of alternative non-custodial sanctions is that they save money for local budgets. Statistics show that probation clients did 724,000 hours of unpaid community service last year, saving almost UAH 30 million for local budgets.

Reducing the Reoffending rate and Strengthening Public Security

One of the key objectives of probation is to reduce reoffending. Numerous studies have shown that probation is a more effective means of rehabilitation than imprisonment. It is especially true for people who have committed minor offences. As unfortunate as it may sound, sometimes prison becomes a school for new crimes instead contributing to rehabilitation. In contrast, probation provides an opportunity to work with the offender, prevent reoffending, create conditions for social readjustment and prevent a relapse into criminal networks. How does it work? After a court renders a judgment imposing non-custodial sentence or a probation period, the person is registered with probation. From the very first day, the probation client starts receiving tailored resocialisation interventions.

Probation staff collect information and analyse the convict’s current circumstances, personal and social context, and social contacts while filling out a risk assessment form. That is, they run a full screening containing the following information: criminal history, housing, level of education, employment, financial situation, mental and behavioural self-control, using alcohol and psychoactive substances, attitude towards crime and readiness for change. This risk assessment aims to determine which areas of life – risk factors – caused the offence.

A court decision may require some probation clients to complete one of the following probation programmes – Preventing Substance Abuse, Preventing Aggressive Behaviour, Changing Criminal Mindset, Building Life Skills and Overcoming Domestic Violence. These programmes consist of a series of training sessions on various topics delivered by certified probation officers. The trainings involve homework assignments. Each programme is assigned based on the findings of risk assessment and the identified criminogenic factors that caused illegal behaviour. And this approach works! According to the Probation Centre, 97% of probation clients successfully fulfil their obligations and do not commit new crimes while they are registered with probation. It, in turn, improves the overall safety in the country.

Making Justice More Effective

In the framework of pre-trial probation, probation staff draw up a pre-trial report on the accused at the court’s request. The report is based on the findings received from assessing the risk of reoffending. This way, the judge can learn about all aspects of the life of the accused and render a decision that will be truly effective and fair to them. The judgement will include the type of sanction and obligations that will help the person to work on their criminal risks and prevent them from reoffending.

Positive Impact on Families and Society

Probation also has a positive impact not only on the offenders but also on their families and society as a whole. Probation clients can continue working, providing for their families and maintaining themselves. It helps to avoid extra social and economic problems that may arise from imprisonment, particularly for families who are deprived of the breadwinner and have to live without a family member.

Challenges in Reforming Probation

There are challenges in implementing any reform. The probation system also faces a number of challenges that affect its effectiveness and further development.

The first challenge is insufficient funding. Currently, there are not enough funds to cover the facilities and staff salaries. Consequently, this hampers the operations of probation offices and their ability to perform their functions.

The second challenge is a shortage of qualified personnel. Moreover, the staff members are not adequately trained to work with offenders.

The third challenge is that probation effectiveness largely depends on social and educational work with probation clients. There are problems in this area as well. Probation officers do not always have the capacity to do high-quality and efficient work because they are not experts in psychology, overcoming addictions, etc. Therefore, it is necessary to engage volunteers and community resources in such activities.

The fourth challenge is related to the fact that Probation needs to introduce new digital technologies for risk assessment, behavioural monitoring and automated business processes in the future. It is also advisable to develop partnership programmes with employers at the national and local levels to facilitate the employment of probation clients and provide them with high-quality services based on their risks.

The comprehensive implementation of these steps will contribute to establishing a more effective probation system in Ukraine, reducing recidivism and facilitating the integration of offenders into society.

Moreover, the development of probation is becoming particularly important in the context of European integration of Ukraine. That is why supporting the institutional capacity of the Probation Centre, strengthening the efficiency of probation staff, and developing tools for working with probation clients in line with international best practices are important areas of support provided by EU Project Pravo-Justice.

The text was first published in the permanent blog of the EU Project Pravo-Justice at LB.ua.