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OlehYANCHUK,

Director of the State Institution "Probation Center"

INTRODUCTION AND DEVELOPMENT OF PROBATION IN UKRAINE: CURRENT SITUATION AND PERSPECTIVE

The article is devoted to the analysis of the formation and development of probation in Ukraine. The article defines the main objective of the probation and describes in detail the main directions of its activity, outlines legal principles, regulations and recommendations which are basic to the authorized bodies on probation in the process of implementation of their functions and tasks, and outlines the territorial structure. In the national system, probation is structured into three types: pre-trial, supervisory, and penitentiary. Pre-trial probation means the preparation of a pre-sentence report which is intended to provide the court with formalised information characterising the accused with a view to the court’s decision on the need for criminal liability extent and its measure. Supervisory probation is to ensure the enforcement sentences alternative to imprisonment, namely: sentenced to probation of maintaining certain positions or engage in certain activities, community service, correctional works and control over punishment with trial sentence. In practice, within the framework of supervisory probation, a set of measures aimed at monitoring compliance with the obligations specified by the law and imposed by the court on probation subjects which is combined with social and educational work aimed at eliminating criminal factors is implemented separately by such a new instrument of work with convicts as probation programs. Penitentiary probation means to prepare prisoners for release from prison and to promote their earliest social adaptation and full return to society. Separately, the author discloses the problematic aspects of the activity, analyzes the legal gaps and proposes the ways to overcome them, provides a list of legal acts on which the Center of Probation initiated the introduction of appropriate amendments. Alongside with this, specific indicators of the effectiveness of the probation system and need for expanding its functions and powers in accordance with European practice are highlighted.

Key words: criminal justice, alternative sentences, Center of Probation, pre-trial probation, pre-sentence report, supervisory probation, penitentiary probation, criminal factors, probation programms, juvenile probation.

References

Recommendations CM / Rec (2010) 1 of the Committee of Ministers of the Council of Europe to Member States on Council of Europe Rules on Probation (unofficial translation). URL: https://rm.coe.int/16806f4097. [engl.]

Chernyshov D. V. The current state of probation in Ukraine. Theoretical and practical aspects of the Probation Institute in Ukraine: materials of the international round table (June 22, 2018). Kyiv: National Academy of Public Prosecutor of Ukraine, 2018. P. 138–143. [ukr.]

Malanchuk P. M., Golodna A. S. Probation in Ukraine: to be or not to be. Young scientist. 2016. № 12.1. Pp. 598–601. [ukr.]

Babich S. O. Pre-extradition supervisory probation as the newest mechanism of observance of the rule of law. URL: http://ekmair.ukma.edu.ua/bitstream/handle/123456789/14730/Babych_Doekstradytsiina_nahliadova_probatsiia.pdf?sequence=1&isAllowed=y. [ukr.]

How does the war on child crime affect? URL: https://hromadske.radio/publications/yak-poznachayetsya-viyna-na-dytyachiy-zlochynnost. [ukr.]