{"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}
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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.