Formation of probation service in juvenile courts in the second half of the 19th – early 20th century

The article examines the historical prerequisites for the emergence and development of the institution of guardians (probation officers) in juvenile courts in the USA, England, and the Ukrainian territories within the Russian Empire in the late 19th – early 20th centuries. It outlines the legal status of agent probation service, their appointment procedures, sources of funding, candidate requirements, as well as their duties and functions. The study analyses how the American practice of introducing probation officers in Massachusetts (1869) and its subsequent spread to other states served as a model for England, where such positions were established nationwide following the Probation of Offenders Act (1913). It is noted that the main reason for the emergence of the new institution was the shift of juvenile courts away from punitive sanctions, primarily those related to imprisonment, toward the use of educational measures of influence. At the same time, the functions of the newly established probation officers were not limited to monitoring the lawful behavior of juvenile offenders but also encompassed a broader range of social tasks: upbringing, assistance in finding housing and employment, education, and so on. The social nature of these functions led many European countries to transfer supervisory responsibilities to charitable organizations and community volunteers. The American model of probation officers, adapted in England, became a prototype for the domestic pioneers of juvenile justice and was implemented in the form of the institution of guardians, whose legal status was established in statutory documents and local “Rules.” The article focuses on the main requirements for candidates for the position of guardian at the juvenile court, the procedure for appointment, and their key rights and duties. It is established that in the Ukrainian governorates of the early 20th century, guardians had a wide range of responsibilities—from providing information to the court to monitoring the execution of the sentence and assisting in the social adaptation of minors. It is concluded that guardians played an important role in the work of the juvenile court; however, in the early 20th century, their performance was hindered by an insufficient number of staff, which was primarily due to a lack of funding. It was found that financial difficulties in the Russian Empire compelled the active involvement of unpaid volunteer guardians on a community basis. The study makes it possible to assess both the positive impact of the institution of guardians on the juvenile justice system and the limitations that impeded its effectiveness.