ПРОБАЦІЙНИЙ НАГЛЯД ЩОДО НЕПОВНОЛІТНІХ У РОЗРІЗІ ЗМІН ДО ЧИННОГО ЗАКОНОДАВСТВА

Abstract

The humanization of execution of punishment has become the main goal of reforming the penitentiary sector on Ukraine’s path to European integration. The penitentiary system changed with the adoption of the Law of Ukraine “On Probation” in 2015. The Law of Ukraine “On Probation”, which defines the principles of the national probation model, created in accordance with the probation standards set out in Recommendation CM/Rec (2010) 1 of the Committee of Ministers of the Council of Europe to Member States on the Council of Europe Rules on Probation. The law defines probation not only as an alternative type of punishment, but also as a measure of influence that has a criminal law and social and educational character. Supervision of the offender is one of the components of probation, and it is considered not only a control function, but also a means of counseling, assistance or motivation. A significant amendment to the Criminal Code of Ukraine is the introduction of a new type of punishment – probation supervision. Probation supervision is a punishment alternative to imprisonment. The peculiarity of probation supervision for juveniles is that this type of punishment is imposed for a period of one to two years. The article is devoted to characterizing the issues of implementation of probation measures in relation to juveniles in modern conditions, taking into account the changes to the current legislation of Ukraine. The concepts of “probation” as a new system of work with convicts and “probation supervision” as a new type of punishment are revealed. The reasons for the introduction of probation supervision into the current legislation are determined. The aspects of probation supervision in relation to juveniles are considered. The author defines the obligations that the court imposes on a convicted person subject to probationary supervision; the obligations that the court may impose on a convicted person subject to probationary supervision. The term of probationary supervision in respect of juveniles has been established. Key words: probation, probation system, probation body, probation for minors, probation supervision, complex impact, sentenced to probation supervision, duties of the convicted.