The subject of this dispute is the lawfulness of the return of an appellate complaint filed by a probation agency against a ruling of a court of first instance, by which a motion to cancel a convicted person’s exemption from serving a sentence on probation was denied.<\/p>\n
**** In this case, the Supreme Court confirmed that probation agencies do not have the right to appeal court decisions rendered based on the results of the consideration of their motions in the course of sentence execution. The Court emphasized that an exhaustive list of persons entitled to appeal is defined by Article 393 of the Criminal Procedure Code of Ukraine, and probation agencies are not included in this list. The key argument was the reference to the position of the Joint Chamber of the Criminal Cassation Court dated June 1, 2026 (case No. 621\/3410\/23), which changed the approach to this issue. With this decision, the Supreme Court officially departed from previous legal conclusions set forth in the rulings of October 20, 2020, and February 12, 2026, which had previously allowed for the possibility of such an appeal. Thus, the Court stated that only the convicted person, their defense attorney, legal representative, or the prosecutor have the right to appeal in such cases. Therefore, the actions of the appellate court regarding the return of the complaint were recognized as entirely lawful and well-founded.<\/p>\n
The Supreme Court dismissed the cassation appeal of the probation agency representative and upheld the ruling of the appellate court on the return of the appellate complaint.<\/p>\n