Features of the legal regulation of probation in Ukraine research

S. Denysov, Dmytro Zaika
{"title":"Features of the legal regulation of probation in Ukraine research","authors":"S. Denysov, Dmytro Zaika","doi":"10.21564/2311-9640.2022.18.267077","DOIUrl":null,"url":null,"abstract":"The article is devoted to the study of the peculiarities of the legal regulation of probation in Ukraine. The authors set the goal, based on the analysis of the main domestic and international legal acts that regulate the issue, to group and outline the proposals of leading scientists and practitioners of Ukraine, to identify conflicts, gaps and other shortcomings of the current legislation of Ukraine that regulates the functioning of the probation institute, to conduct a comparative legal analysis, and provide scientifically based conclusions. \nThe study of the legal regulation of such a multifaceted institution as probation is based on a significant number of normative legal acts of local and global importance. Such diversity gives rise to numerous legal conflicts and gaps, the identification and elimination of which requires systematization and in-depth analysis. Since after the full-scale invasion of the Russian Federation on the territory of Ukraine, the criminal and criminal-executive legislation underwent significant changes, and the activity of the probation service received new challenges, the previous studies on the concepts of their reform need to be clarified and systematized, which determines the relevance of the choice of the topic. \nThe authors established that the legislation of Ukraine, which regulates the functioning of the probation institute in Ukraine, is relatively new and is at the stage of its formation, some of the provisions need to be updated and brought into line with the requirements of international regulatory and legal acts, in connection with which the authors proposed a number of changes In Ukraine, there are signs of insufficient financing of probation service activities, which directly affects the quality of specialists and the correctional work carried out by them. The probation service in Ukraine needs to strengthen its transparency, accountability and carry out specialized training of employees, hiring people who have an education in the field of social work. Among other things, it was established that there is a need to adapt the legislation of Ukraine to combat mass viral diseases, emergency events, and functioning in martial law.","PeriodicalId":387320,"journal":{"name":"Herald of the Association of Criminal Law of Ukraine","volume":"26 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Herald of the Association of Criminal Law of Ukraine","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21564/2311-9640.2022.18.267077","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

The article is devoted to the study of the peculiarities of the legal regulation of probation in Ukraine. The authors set the goal, based on the analysis of the main domestic and international legal acts that regulate the issue, to group and outline the proposals of leading scientists and practitioners of Ukraine, to identify conflicts, gaps and other shortcomings of the current legislation of Ukraine that regulates the functioning of the probation institute, to conduct a comparative legal analysis, and provide scientifically based conclusions. The study of the legal regulation of such a multifaceted institution as probation is based on a significant number of normative legal acts of local and global importance. Such diversity gives rise to numerous legal conflicts and gaps, the identification and elimination of which requires systematization and in-depth analysis. Since after the full-scale invasion of the Russian Federation on the territory of Ukraine, the criminal and criminal-executive legislation underwent significant changes, and the activity of the probation service received new challenges, the previous studies on the concepts of their reform need to be clarified and systematized, which determines the relevance of the choice of the topic. The authors established that the legislation of Ukraine, which regulates the functioning of the probation institute in Ukraine, is relatively new and is at the stage of its formation, some of the provisions need to be updated and brought into line with the requirements of international regulatory and legal acts, in connection with which the authors proposed a number of changes In Ukraine, there are signs of insufficient financing of probation service activities, which directly affects the quality of specialists and the correctional work carried out by them. The probation service in Ukraine needs to strengthen its transparency, accountability and carry out specialized training of employees, hiring people who have an education in the field of social work. Among other things, it was established that there is a need to adapt the legislation of Ukraine to combat mass viral diseases, emergency events, and functioning in martial law.
乌克兰缓刑法律规制特点研究
本文旨在研究乌克兰缓刑法律规制的特殊性。在分析规范该问题的主要国内和国际法律行为的基础上,作者设定了目标,对乌克兰主要科学家和从业者的建议进行分组和概述,以确定乌克兰现行规范缓刑研究所运作的立法的冲突、差距和其他缺点,进行比较法律分析,并提供基于科学的结论。对缓刑这样一个多方面制度的法律规制的研究,是以大量具有地方和全球重要性的规范性法律行为为基础的。这种多样性产生了许多法律冲突和空白,需要系统化和深入的分析来识别和消除这些冲突和空白。由于在俄罗斯联邦全面入侵乌克兰领土之后,刑事和刑事-行政立法发生了重大变化,缓刑服务的活动受到了新的挑战,因此需要澄清和系统化以往关于其改革概念的研究,这决定了本专题选择的相关性。发件人确定,乌克兰管制乌克兰缓刑研究所运作的立法相对较新,正处于形成阶段,其中一些规定需要更新,使其符合国际管制和法律行为的要求,关于这一点,发件人提出了一些改变。在乌克兰,有迹象表明,缓刑服务活动的资金不足。这直接影响到专家的素质和他们所开展的矫正工作。乌克兰的缓刑服务需要加强其透明度和问责制,并对雇员进行专门培训,雇用在社会工作领域受过教育的人。除其他事项外,确定有必要调整乌克兰的立法,以应对大规模病毒性疾病、紧急事件和在戒严法中发挥作用。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:604180095
Book学术官方微信