Abstract
The article substantiates a socio-legal conditionality for introduction of the institute of probation supervision over convicts on parole into the legislation of Ukraine. It was found that the need to exert a certain influence (supervisory, educational, etc.) over convicts on parole is not new and is evidenced not only by foreign but also domestic history of criminal and executive law. The analysis of modern foreign approaches has shown that the procedure of parole provides for two interrelated stages: 1) release of a person from a penitentiary institution; 2) establishing supervision over him/her after release. It is noted that the assignment of the function of exercising control over convicts on parole to probation authorities will ensure the implementation of this post-penitentiary area on a professional basis. The substantiation of probation authorities as subjects of supervision over convicts on parole is based on the following provisions of international and Ukrainian legislation: 1) The Law of Ukraine «On Probation» provides for penitentiary probation, which, according to Part 1 of Article 11, means the preparation of persons serving a punishment of restraint of liberty or im-prisonment for a fixed term, to release for employment and accommodation of such persons after release at their chosen place of residence. In view of this, probation authorities work with the persons in respect of whom measures for preparation for parole are carried out; and it will be logical if after the release, in order to consolidate the results of correction and re-socialization, the mentioned authorities will continue to work with the released persons; 2) Paragraph 12 of Recommendation Rec(2003)22 of the Committee of Ministers to member states on conditional release (parole) provides that the preparation for conditional release should be organized in close collaboration with all relevant personnel working in prison and those involved in post-release supervision, and be concluded before the end of the minimum or fixed period. Thus, international legal acts adhere to the position on the unity of the subject involved in the process of preparation of parole and su-pervision over convicts on parole.
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