THE QUESTION OF THE RATIO OF THE OBLIGATIONSIMPOSED ON THE PERSON IN CONNECTION WITH THE APPLICATION OF RESTRICTIVE MEASURES AGAINST HIM (ARTICLE 91-1 OF THE CRIMINAL CODE OF UKRAINE) AND THE OBLIGATIONSIMPOSED ON THE PERSON RELEASED ON PROBATION (ARTICLE

Abstract

The article analyzes the rules of criminal law, which establish the responsibilities imposed on the person in connection with the application of restrictive measures (Article 91-1 of the Criminal Code of Ukraine), and the obligations imposed on the person upon release from serving probation (Article 76 of the Criminal Code of Ukraine), the ratio of such obligations is established. It is stated that the institute of restrictive measures under Art. 91-1 of the Criminal Code of Ukraine, and the obligations they give rise to are relatively new to domestic law. It is noted that in accordance with Part 1 of Art. 91-1 of the Criminal Code of Ukraine, restrictive measures are applied to a person who has committed domestic violence, not only simultaneously with the imposition of punishment not related to imprisonment, but also when released from criminal liability or punishment, according to the Criminal Code of Ukraine. In view of this, the amount of obligations imposed on persons under Art. 76 and obligations under Art. 91-1 are partially intertwined, which, in turn, actualizes the definition of the relationship between the obligations imposed on a person as a result of the application of restrictive measures and the obligations imposed by the court on a person released from serving a probation sentence. The purpose of the article is to analyze the relationship between the responsibilities imposed on a person in connection with the application of restrictive measures (Article 91-1 of the Criminal Code of Ukraine), and the responsibilities imposed on a person on release from probation ( Article 76 of the Criminal Code of Ukraine). The realization of this goal involves solving a number of tasks: 1) to reveal the common and different between the studied responsibilities, 2) to identify shortcomings in the legal regulation of such responsibilities and to suggest ways to solve them. Scientific novelty. The article sets out the relationship between the obligations imposed on a person in connection with the application of restrictive measures against him and the obligations imposed on a person on release from serving a probation sentence. The author came to the conclusion that the grounds and conditions for imposing such obligations on a person differ. Attention is drawn to the coverage of Part 3 of Art. 76 of the Criminal Code of Ukraine part of the obligations under Art. 91-1 of the Criminal Code of Ukraine, as well as references in Part 2 of Art. 76 of the Criminal Code of Ukraine to Art. 91-1 of the Criminal Code of Ukraine. It is also proposed to amend Part 3 of Art. 76 of the Criminal Code of Ukraine, given that when imposing on a person the obligations specified in Art. 91-1 of the Criminal Code of Ukraine, should be based on the interests of the victim.