РОБОТА З КРИВДНИКАМИ В МЕЖАХ НАГЛЯДОВОЇ ПРОБАЦІЇ

Abstract

The author of the article analyzes the powers of probation authorities to work with offenders within the framework of supervised probation, and considers the available tools for influencing the behavior of such persons and their correlation with other forms of social and educational influence. The article emphasizes that the activities of probation authorities are not only about ensuring control over the behavior of such persons and implementing probation programs when they are appointed by a court sentence, but also about forming the necessary cooperation and creating conditions which allow for effective influence on criminogenic factors to overcome or reduce them. To this end, supervised probation should include the study of individual and group characteristics of offenders, and the capabilities of other agencies and institutions involved in overcoming the problem of domestic violence. Supervised probation is a way of state influence on the process of punishing offenders, determining the need to extend the measure of criminal coercion, as well as a way to determine the effectiveness of the criminal liability measure and provides for the existence of a system of measures for regular or random monitoring of the behavior of convicts. The Recommendation Rec(2010)1 of the Committee of Ministers to Member States on the Council of Europe Probation Rules states that probation, based on actions and measures of educational influence, is designed to ensure the enforcement of statutory sentences through supervision in order to involve convicts in public life and ensure the safety of society. At the same time, supervision should be viewed not only as a control function, but also as a means of counseling, assisting or motivating prisoners. The same document emphasizes that the probation service should work in cooperation with other public or private organizations and local governments to facilitate the reintegration of prisoners into society. Coordinated and complementary activities of different agencies based on the application of different branches of science are necessary to solve the sometimes complex problems of convicts and ensure the safety of society. The probation service should interact with other bodies and institutions of the justice system, with agencies that support its activities, and with the public to effectively perform its duties and functions. 38. The probation service should encourage the agencies supporting its activities so that they take responsibility for solving the problems of convicts as members of society. The article reveals the role of supervised probation in national realities and highlights its problematic aspects in the context of working with offenders. Key words: convicts, probation, supervised probation, subject of supervised probation, criminal law measures not related to the isolation of offenders, interaction of probation authorities, organizational and legal mechanism of probation interaction.