Certain Aspects of Realization of Probation Programs within the Performance of Observation Probation

Abstract

The purpose of the article is to analyze the features and mechanism of implementation of measures provided by probation programs and to identify areas for improvement of domestic legislation governing this institution in Ukraine. To achieve this goal, the following tasks were performed in the article: problematic issues of implementation of supervisory probation measures were considered; the procedure for carrying out probation measures in respect of a limited category of persons who have been sentenced to certain types of punishment determined by criminal law; Relevant proposals and recommendations for improving the use of probation programs in Ukraine were provided. Methodology. The research used a dialectical method of scientific knowledge of socio-legal phenomena in their contradictions, development and changes, which allows to objectively assess the level of implementation of probation programs within the supervision of probation, the effectiveness of national legislation in the prevention of criminal offenses and issues during the implementation of supervisory probation, Formal-logical method, which identified elements of the legal mechanism for the prevention of criminal offenses by probation authorities. The comparative legal method was used in the analysis of current legislation and international regulations; statistical – in the analysis of empirical data and in the process
of studying statistical material; formal logic (analysis and synthesis, hypothesis) - in determining the main directions of scientific work and the main problems. The theoretical basis of this publication were the works of domestic and foreign scientists on aspects of prevention of criminal offenses by probation authorities. The scientific novelty of the publication is the need for a thorough analysis of certain aspects of probation programs in the framework of supervisory probation in accordance with current national legislation in the field of prevention of criminal offenses by probation authorities, as well as proposals and recommendations for reviewing individual probation programs. Conclusions. Based on the results of the study, the need to improve existing probation programs, in particular in terms of developing methods for their implementation, is substantiated. In addition, the importance of approving recommendations for assessing the risks of re-offending by minors, establishing clear criteria and requirements for persons who can implement probation programs and be involved as curators, as well as creating separate probation programs for parolees.

Keywords: supervisory probation; probation programs; criminal liability; criminal offense; social and educational activities; crime prevention; community service; social adaptation; curator of probation programs; minors.