НАПРЯМИ ВДОСКОНАЛЕННЯ ЗАКОНОДАВСТВА УКРАЇНИ ЩОДО ЗАХОДІВ ПРОБАЦІЇ

Abstract

The article reveals the peculiarities of the implementation of such probation measures as the preparation of pre-trial reports on the accused and the implementation of probation programs for persons released from serving a probationary sentence.

It is emphasized that in the case of release of the accused from a probationary sentence, the preparation of a pre-trial report on the accused by the probation authority should be mandatory. A selective approach to the preparation of pre-trial reports allows for an unequal position of the accused at the stage of court consideration of their cases.

It was concluded that it is necessary to specify at the regulatory level the terms of preparation of the pre-trial report by the probation body, taking into account the size of the workload on the relevant employees of the probation body.

It is noted that the determination of the type of probation program is essentially a component of the court's decision, in particular, the imposition of punishment. Emphasis is placed on an individual approach to the development of probation programs and the need for their approval exclusively by the court. The development of individual probation programs can take into account the convict's past, his psyche, character,education, source of income, environment, relationships with his family, state of health, presence of injuries that may affect behaviour, etc.

Attention was paid to the content of the current probation programs, which, taking into account the legal concept of probation, gave the right to conclude on the need to include a wider range of measures in them, inparticular, assistance in employment, renewal and processing of documents, restrictions on his immediate environment, etc.

Directions for improving the legislation of Ukraine on probation by establishing the terms of preparation of the pre-trial report by the probation body, the obligation of the court to evaluate the pre-trial report when passing the sentence are proposed; introduction of an individual approach to the development of probation programs and imposing on the court the obligation to assign a specific probation program to the convicted.