Інститут пробації в Україні: відповідність нормам міжнародного законодавства

Abstract

The purpose of the article is to analyze the international and national legislation in the field of crime prevention by the probation authorities, and to determine the directions of improvement of the national legislation governing the institute in Ukraine. In order to achieve this goal, the following tasks have been accomplished in the article: Different approaches to understanding the concept of «probation» are considered; investigated national and international legislation in the field of prevention of criminal offenses by probation authorities in Ukraine; probation issues of probation prevention were investigated; on the basis of the conducted research, proposals and recommendations on improvement of measures for prevention of criminal offenses by the probation authorities in Ukraine by amendments to the national legislation were provided. Methodology. In the course of the research, the dialectical method of scientific knowledge of social and legal phenomena in their contradictions, development and changes was used, which makes it possible to objectively evaluate the level, effectiveness and analysis of international and national legislation in the field of prevention of criminal offenses by probation authorities, as well as gaps in the system, Formal-logical method, by which the elements of the legal mechanism of preventing criminal offenses by probation authorities are revealed. The comparative legal method is used in the analysis of current legislation and international regulations; formal logic (analysis and synthesis, hypothesis) – in determining the main directions of scientific work and the main problematic issues. The theoretical basis of this publication was the work of domestic and foreign scientists on the aspects of prevention of criminal offenses by probation authorities. The scientific novelty of the publication is the need to conduct a thorough analysis of the applicable international and national legislation in the field of prevention of criminal offenses by probation authorities, as well as to send proposals and recommendations, to revise individual domestic rules in this field and bring them into conformity with the rules of international conventions. Conclusions. Based on the results of the study, conclusions were drawn about the need to address staffing issues, including the involvement of qualified psychologists in working with prisoners, and with minors, teachers. Ensure proper implementation of the rules that provide social assistance to prisoners: providing housing and work, amending the Law of Ukraine «On Probation» and the Law of Ukraine «On the social adaptation of persons serving or serving sentences in the form of restraint of liberty or imprisonment for a limited period». Keywords. probation; penitentiary system; international experience; crime prevention; restorative justice; expedited adaptation; psycho-corrective program; social adaptation; probation services; volunteer.