The Supreme Court explained who does not have the right to appeal decisions regarding the execution of a sentence
If, after the opening of appellate proceedings, it is established that the appellate review is carried out based on an appeal submitted by a person who does not have the right to file it, the appellate court must issue a ruling to close the appellate proceedings.
These conclusions were reached by the United Chamber of the Cassation Criminal Court within the Supreme Court following the consideration of case No. 621/3410/23.
In this criminal proceeding, the local court ruling denied the probation center's motion to cancel the suspension of the sentence and to send the convicted person to serve the sentence imposed by the court verdict. The appellate court closed the appellate proceedings on the probation center's appeal and returned the appeal to the appellant as a person not included among those defined in Part 1 of Article 393 of the Criminal Procedure Code of Ukraine as subjects entitled to appeal. In the cassation appeal, the probation authority's representative noted the restriction by the appellate court of the probation authority's right to appeal the court decision and the disregard of its procedural role – monitoring the behavior of the convicted person.
Assessing these cassation claims, the United Chamber of the Criminal Cassation Court of the Supreme Court pointed out that Article 539 of the Criminal Procedure Code of Ukraine provides for the possibility of appealing court rulings made in the procedure of executing a sentence, but does not directly define the specific subject entitled to such an appeal.
No provision of the Criminal Procedure Code of Ukraine allows appealing court decisions made in the procedure of executing a sentence by those subjects whose competence includes the execution of the court decision. It is evident that the execution of a court decision belongs to the competence of the state, and therefore the prosecutor, as the subject who performs the function of prosecution in criminal proceedings and subsequently ensures the execution of the court decision, represents the position of all bodies whose powers include the execution of the court decision. The competence of the penal enforcement bodies and institutions includes ensuring the execution of the sentence, and they may raise issues regarding its execution (including the procedure, method, etc.). However, no rights or interests of these bodies or institutions can be violated by court decisions made following the consideration of the relevant motion (submission).
The ruling of the United Chamber of the Criminal Cassation Court of the Supreme Court dated June 1, 2026, in case No. 621/3410/23 (proceeding No. 51-603кмо26) will be available for review in the Unified State Register of Court Decisions.
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