1. The subject of the dispute is the lawfulness of the return of an appeal filed by a probation authority against a ruling of the court of first instance, which denied a motion to cancel a suspended sentence.
2. In rendering its decision, the Court was guided by the position established by the Joint Chamber of the Criminal Cassation Court in case No. 621/3410/23, which modified previous judicial practice. The Supreme Court formally departed from the conclusions set forth in the resolutions dated October 20, 2020, and February 12, 2026, which had previously allowed for the possibility of such decisions being appealed by probation authorities. The Court emphasized that the exhaustive list of persons entitled to appellate review is defined in Article 393 of the Criminal Procedure Code of Ukraine, and probation authorities are not included therein. Consequently, entities responsible for the execution of sentences are not vested with the procedural right to appeal judicial decisions rendered following the consideration of their motions regarding the execution of a sentence. The Court underscored that only the convicted person, their defense counsel, legal representative, or the prosecutor have the right to appeal in such matters. Thus, the appellate court acted within the scope of the law by returning the appeal to a person who has no right to file an appeal.
3. The Supreme Court upheld the appellate court’s ruling on the return of the appeal and dismissed the cassation appeal filed by the probation authority.
