Пробація в Україні: сучасний стан та особливості реалізації

Abstract

It was found that the issue of probation is relevant for Ukraine in the context of harmonizing national practice with international standards of judicial proceedings and execution of punishments and improving the functioning of the legal mechanism of the state. The long period of probation in Ukraine is a confirmation of the humanization of the system of execution of punishments and is characterized by a positive experience, given the possibility of a person who has committed an offense to correct himself within the limits of social formation, and the legal restriction of certain rights of a person allows him to fully understand the consequences that deprivation will have for him will It was emphasized that in Ukraine, in 2018, the "Probation Center" was created, which belongs to the sphere of administration of the Ministry of Justice, whose duties include the implementation of tasks of probation supervision, also, a number of normative legal acts were adopted and changes were made to the existing ones, with the aimof prevention of a person’s loss of social significance and his full correction, outside the limits of the institution of execution of punishment. It is noted that Ukraine recognizes and supports international recommendations and standards in the field of execution of sentences regarding the correction of convicts, their resocialization without isolation from society in order to ensure a comprehensive approach to the prevention and fight against crime, as well as the use of alternatives to pre-trial detention and imprisonment on the basis of the court verdict, which proves the high level of development of criminal justice and civil society. Attention is focused on the fact that probation supervision is the main criminal punishment, which consists in limiting the rights and freedoms of the convict, with the use of supervision and socialeducational measures without isolation from society. Such a limitation is determined by law and established by a court verdict. The process of resocialization is important, during which a positive perception of work, social customs, and the convict’s personal culture is formed. For the implementation of probation programs, the Ministry of Justice of Ukraine has developed methodological recommendations, which are divided into meaningful modules, within which thematic classes are held and tasks are performed that contribute to the development of certain social skills of convicts.