CROSS-BORDER ENFORCEMENT OF NON-CUSTODIAL SANCTIONS IN NON-TREATY JURISDICTIONS: SUPERVISION GAPS, STATE SOVEREIGNTY, AND PROBATION PRACTICE

NUZHNA, Liudmyla (2026) CROSS-BORDER ENFORCEMENT OF NON-CUSTODIAL SANCTIONS IN NON-TREATY JURISDICTIONS: SUPERVISION GAPS, STATE SOVEREIGNTY, AND PROBATION PRACTICE. In: INTERNATIONAL CONFERENCE “FROM RESEARCH TO APPLICATION”, 18-19 November, 2026.

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Abstract

This study examined the theoretical and practical dilemmas surrounding the execution of non-custodial criminal penalties and probation supervision concerning individuals residing in foreign territories without bilateral treaties or multilateral conventions (non-treaty jurisdictions). A systemic divergence between criminal procedural and criminal executive regulation was identified, wherein the procedural legalization of remote trial participation under Article 336 of the Criminal Procedure Code of Ukraine directly contradicted the statutory requirement of a convicted person’s mandatory territorial presence for sentence execution. In the absence of international conventions, the activities of probation authorities became nominal, as statutory tracing procedures and filings under Article 389 of the Criminal Code of Ukraine proved ineffective and resulted in the expiration of statutes of limitations (Article 80). A persistent judicial dualism at the end of the probation period was analyzed, where domestic courts systematically refused probation requests to revoke probation due to a lack of direct intent while simultaneously denying absolute discharge due to non-fulfillment of statutory obligations, creating prolonged legal limbo. To eliminate this vacuum, a coordinated framework of procedural and legislative measures was developed: mandatory procedural explanations by courts under Article 380 regarding execution modalities, judicial prioritization of property-based sanctions, conditional suspension of probationary terms and limitation periods during non-engagement, and statutory substitution of community-based work with financial equivalents.

Item Type:	Conference or Workshop Item (Paper)
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law, Arts and Social Sciences > School of Law
Depositing User:	Unnamed user with email zshi@unite.edu.mk
Date Deposited:	10 Nov 2026 12:50
Last Modified:	10 Nov 2026 12:50
URI:	http://eprints.unite.edu.mk/id/eprint/2708

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