Abstract

The article examines the normative-legal component of the administrative regulation of probation.Itwasdeterminedthattheadministrative and legal regulation of probation is a set of legal norms and mechanisms that determine the order of organization and implementation of probation measures in the state, the competence of state bodies, their duties and rights regarding control over the implementation of probation measures and interaction in this area with the courts , law enforcement agencies and social services. It is noted that probation is a system of supervision, control and social-educational measures applied by court decision to offenders instead of imprisonment or as a substitute for punishment, includes individual supervision, assistance in resocialization and measures aimed at preventing repeated crimes and ensuring safety society, while integrating the offender into social life without isolation. It is emphasized that the NPA system of administrative and legal regulation of probation includes international legal standards, national NPAs, including Acts of central executive bodies, local normative acts, agreements, methodological recommendations, etc., the norms of which are aimed at the development of alternative punishments, provision of rehabilitation and social support of offenders, regulation of the organization and implementation of probation in Ukraine, determine the legal basis for the activity of probation authorities, and also establish the procedure for providing probation services for persons who have committed a criminal offense. It was determined that the shortcomings of the administrative and legal regulation of probation are: the imperfection of the legislative framework, violation of the probation procedure, clear criteria for assessing the convicted person and the system for assessing the risks of recidivism, the mismatch of resources and the burden on the system, the low level of coordination between subjects of probation, the prevalence of ineffective methods of psychological works; society is not aware of the purpose and mechanism of probation, etc. It has been stated that the prospects for improving the normative-legal basis of the administrative-legal regulation of probation in Ukraine are: harmonization of legislation with international standards, institutional strengthening of the probation system, expansion of various approaches to probation, improvement of mechanisms for rehabilitation and support of offenders, involvement of public organizations, development of electronic monitoring systems , expanding educational programs for probation officers, increasing funding, research and analysis of probation effectiveness, etc.

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