PROBATION AS A TOOL OF CORRECTION OF PERSONS
DOI:
https://doi.org/10.33216/2218-5461-2020-40-2-11-19Abstract
The issue of non-isolation of punishments from
society, including probation, is given special
attention all over the world. The institution of
probation has a long history of formation and
development in different countries and has now
become an integral part of the state and society,
which is a necessary tool for control, supervision,
rehabilitation and socialization of offenders,
promotes reintegration of the offender into society.
At the same time, the institution of probation is an
important factor in preventing recidivism and
minimizes the costs for the state necessary to keep
persons in penitentiary institutions. Compared to
foreign countries, the institution of probation is a
relatively new phenomenon for Ukraine, which has
been facilitated by world and European experience
and standards, which are based on the development
of non-custodial sanctions and measures aimed at
ensuring the principle of humanism as an integral
part of the new criminal-executive policy of the state.
The period of introduction of this institute in the
system of criminal justice of Ukraine is not finished yet.
In Ukraine, there is a relative problem of
recidivism, which is national, because compared to
previous years, the level of recidivism in Ukraine is
quite high. This confirms certain shortcomings in the
functioning of the existing system of both custodial
sentences and alternative punishment systems. To
prevent recidivism, it is important to improve the
activities of penitentiary and supervisory probation.
Penitentiary probation is the instrument used to
prepare persons serving a sentence of restriction of
liberty or imprisonment for a definite term for
release for the purpose of employment and housing
of such persons after release at their chosen place of
residence. The use of supervisory probation will
protect society from the commission of repeated criminal offenses by persons sentenced to alternative
types of imprisonment by correcting them.
The article is devoted to the issues of determining the place of probation in the system of combating recidivism, providing characteristics and determining the features of penitentiary and supervisory probation for convicts.
Key words: probation, recidivism, penitentiary probation, supervisory probation.