Conditional early release

Conditional early release is not a ‘reward for good behaviour’, but a court decision that is made only if two conditions are met simultaneously: the minimum portion of the sentence has been served and the convicted person has demonstrated their rehabilitation.

The second condition is the most important, and it is precisely on this point that cases are lost. The absence of disciplinary measures does not in itself prove rehabilitation. The court assesses the overall picture: attitude towards work and education, participation in programmes, attitude towards the offence committed, compensation for damages to the victim, the availability of accommodation and employment following release, and family support.

A solicitor is needed here not for ‘backroom deals’, but to gather evidence of rehabilitation and prepare the case materials so that the court has a sound basis on which to make its decision.

+38 095 554-54-24 — legal advice

How long must be served

The minimum portion of the sentence depends on the severity of the offence (Article 81 of the Criminal Code):

Serving the minimum term is merely the right to apply, not a guarantee of release. The court may refuse even after 3/4 of the sentence has been served if rehabilitation has not been demonstrated.

Replacement of the unserved portion of the sentence with a more lenient punishment

This option is often overlooked, yet it applies in cases where conditional early release is not yet possible.

Under Article 82 of the Criminal Code, the court may replace the unserved portion of the sentence with a more lenient one — and this can be done before the prisoner becomes eligible for conditional early release. This is often an intermediate step: first the replacement, then release.

If the court has refused early release, it is worth considering this particular route — it is less ‘stringent’ for the court and is therefore more likely to be granted.

What proves rehabilitation

The court makes its decision based on the evidence, not on impressions. Here’s how it works:

• a character reference from the administration of the penal institution — a key document, the content of which can and should be improved in advance;
• the absence of current disciplinary sanctions and the presence of incentives;
• a conscientious attitude to work — employment references, performance indicators;
• training, participation in social and educational programmes;
• compensation for damages to the victim — one of the strongest arguments. Partial compensation also matters;
• the victim’s position — their opinion is taken into account;
• guarantees following release — proof of residence, a letter of guarantee from an employer, family support;
• state of health, presence of dependants.

The most common reason for refusal is the formal documentation: a ‘neutral’ character reference, no compensation, no guarantees of employment, and the court sees no evidence to confirm rehabilitation.

Procedure

1. Calculating the time limit — when the right to apply arises. A mistake here costs you extra months.
2. Preparing the documents — in advance, not just a week before submission.
3. Submission — the institution’s administration forwards the documents to the court; the prisoner and their lawyer also have the right to apply.
4. Court hearing — at the court in the place where the sentence is being served, with the participation of a representative of the institution and the prosecutor.
5. Court ruling — granting or refusing release.
6. Appeal — in the event of a refusal.

Important: in the event of a refusal, a second application may be made no earlier than one year later. Therefore, submitting an application ‘on spec’ just to try is a bad idea: a failed attempt costs you a year.

What a solicitor does

• calculates the time limit and determines when to submit the application;
• works on the case materials in advance — so that character references and documents are ready by the time the right arises;
• arranges compensation for the victim and documents it;
• secures guarantees — accommodation, employment, family support;
• represents the client in court — where the prosecutor often objects to release;
• appeals against a refusal in the court of appeal.

When not to apply

Let’s be clear: if there are outstanding penalties, a negative character reference, the damages have not been compensated and there are no guarantees following release — the application is almost certain to be refused. And a refusal blocks a repeat application for a year.

In such a situation, the right strategy is not to apply, but to prepare: have the penalties lifted, work, compensate for the damage, and gather documents. And apply when you have a realistic chance of success.

How we work

1. We calculate the timeframe and assess the realistic chances — honestly.
2. We draw up a preparation plan — what needs to be done before the application is submitted.
3. We work with documents — character references, certificates, letters of guarantee.
4. We organise compensation for the victim.
5. We prepare the case materials and present them in court.
6. We appeal against the refusal or seek to have the sentence commuted to a more lenient one.

Cost of services

Full price list · Criminal law

Questions and answers (Conditional early release)

After what proportion of the sentence is conditional early release possible?

At least 1/2 — for a minor or moderate offence and a serious offence committed through negligence; at least 2/3 — for a serious offence committed intentionally; at least 3/4 — for a particularly serious offence committed intentionally.

Is it sufficient not to have any disciplinary sanctions?

No. The absence of penalties does not in itself prove rehabilitation. The court assesses the overall picture: work, education, attitude towards the offence, compensation for damages, and guarantees following release.

Does compensation for damages to the victim make a difference?

Yes, and very significantly. It is one of the most compelling pieces of evidence of rehabilitation. Even partial compensation makes a difference.

What should you do if the court refuses?

Lodge an appeal or prepare to reapply. But bear in mind: you can reapply no earlier than one year later.

What is the commutation of a sentence to a more lenient one?

This is a separate mechanism (Article 82 of the Criminal Code): the court replaces the unserved portion of the sentence with a more lenient one. You can apply for this before you become eligible for early release, and the courts are more likely to grant such applications.

Is the victim’s opinion taken into account?

Yes, their position is taken into account by the court. Therefore, compensation for damages and reconciliation with the victim significantly improve the chances of success.

Who submits the documents to the court?

The documents are forwarded by the administration of the penal institution. However, the convicted person and their lawyer also have the right to apply to the court independently.

Is it possible to submit an application ‘just to have a go’?

It is not advisable. An unsuccessful application means a year’s wait. It is better to spend this time preparing: having disciplinary penalties lifted, compensating for damages, and gathering guarantees.

What documents are required?

The sentence, a certificate confirming the portion of the sentence served, a character reference from the prison administration, documents regarding rewards and disciplinary measures, evidence of compensation for damages, a letter of guarantee regarding employment, and a certificate of residence.

Consulting a lawyer regarding conditional early release at the firm ‘Svarog’

Send us your sentence and a certificate of time served — we’ll work out when you’re eligible to apply and give you an honest assessment of your chances. If your case is weak, we’ll let you know and draw up a preparation plan: a failed application costs you a year, so it’s better to apply later but succeed.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00