NATIONAL REALITIES OF IMPLEMENTATION AND PROBLEM ASPECTS OF SUPERVISED PROBATION

The author of the article analyzes the actual results of the implementation of supervised probation in Ukraine, examines 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 were introduced without proper theoretical training, funding, and human resources. The interaction of probation bodies with other subjects of prevention activities remains low, and an effective organizational and legal mechanism for such interaction at the stage of supervised probation has not been developed. Supervised probation is the implementation of supervisory and social and educational measures in relation to persons sentenced to deprivation of the right to hold certain positions or engage in certain activities, community service, correctional labor, probation supervision, persons whose sentence of restriction of liberty or imprisonment for a certain period of time has been commuted to probation supervision, community service or correctional labor, probation supervision, persons released from serving a sentence with probation, pregnant women and women who are released from serving a sentence During supervised probation, the probation authority implements probation programs in relation to persons sentenced to probation supervision or released on probation. Enterprises, institutions and organizations, regardless of their form of ownership, may be involved in the implementation of probation programs. This is generally in line with the rules. The rules set out in the Recommendation Rec(2010)1 of the Committee of Ministers to Member States on the Council of Europe Probation Rules, which states that probation, based on actions and measures of educational influence, is designed to ensure the enforcement of sentences provided for by law through the exercise of control 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 convicts, providing them with assistance or creating motivation. The article reveals the real role of supervised probation in modern conditions, and also highlights its problematic aspects in the context of work with probationers.

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Publication Details

Journal
Scientific Notes Series Law
Published
2024-08-01
DOI
https://doi.org/10.36550/2522-9230-2024-16-177-183
Primary Topic
Counseling Practices and Supervision
Type
article
Field-Weighted Citation Impact
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article

NATIONAL REALITIES OF IMPLEMENTATION AND PROBLEM ASPECTS OF SUPERVISED PROBATION

Iryna Yakovets
Scientific Notes Series Law
Counseling Practices and Supervision
article

NATIONAL REALITIES OF IMPLEMENTATION AND PROBLEM ASPECTS OF SUPERVISED PROBATION

Iryna Yakovets
article en

Abstract

The author of the article analyzes the actual results of the implementation of supervised probation in Ukraine, examines 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 were introduced without proper theoretical training, funding, and human resources. The interaction of probation bodies with other subjects of prevention activities remains low, and an effective organizational and legal mechanism for such interaction at the stage of supervised probation has not been developed. Supervised probation is the implementation of supervisory and social and educational measures in relation to persons sentenced to deprivation of the right to hold certain positions or engage in certain activities, community service, correctional labor, probation supervision, persons whose sentence of restriction of liberty or imprisonment for a certain period of time has been commuted to probation supervision, community service or correctional labor, probation supervision, persons released from serving a sentence with probation, pregnant women and women who are released from serving a sentence During supervised probation, the probation authority implements probation programs in relation to persons sentenced to probation supervision or released on probation. Enterprises, institutions and organizations, regardless of their form of ownership, may be involved in the implementation of probation programs. This is generally in line with the rules. The rules set out in the Recommendation Rec(2010)1 of the Committee of Ministers to Member States on the Council of Europe Probation Rules, which states that probation, based on actions and measures of educational influence, is designed to ensure the enforcement of sentences provided for by law through the exercise of control 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 convicts, providing them with assistance or creating motivation. The article reveals the real role of supervised probation in modern conditions, and also highlights its problematic aspects in the context of work with probationers.

Scientific Notes Series LawVol. 1(16)
National Academy of Legal Sciences of Ukraine (UA)
Openalex Percentile: Top 84%
Counseling Practices and Supervision
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