INTERNATIONAL EXPERIENCE OF THE ESTABLISHMENT AND DEVELOPMENT OF THE INSTITUTE OF PROBATION AS AN ACTIVE AND PROGRESSIVE SYSTEM OF EXECUTION OF PENALTIES

Abstract

The problem of the need to reduce the number of people in prisons, crime prevention, and effective correction of convicts has existed for a long time. In order to solve these issues, probation has been in operation for a long time in many countries of the world, in particular in the countries of the European Union. The rehabilitative aspect of probation deserves special attention: in its application, the main goal is not punishment, but social reintegration into society and correction of convicts. The purpose of the article is to study the foreign experience of the formation and development of the institution of probation as an active and progressive system of execution of punishments. The article used the methods of observation, comparison, generalization, scientific abstraction, and system analysis. Ukraine should take into account the experience of Estonia, Spain, and Portugal in the field of electronic monitoring. This type of probation measure in these countries has already proven its effectiveness, helped to save budget funds (the amount spent on electronic monitoring is much less than the amount of money spent on keeping a person in prison), and also allowed to reduce the number of people who are in prisons. The practical value of the article lies in the study and systematization of foreign experience of criminal legal measures not related to the isolation of offenders from society. The possibility and expediency of borrowing, as well as the introduction of mechanisms of such interaction in the crime prevention system in Ukraine, were analyzed. Foreign experience shows that the introduction of the probation service is an important factor that has a positive impact on society. Restorative justice programs are an effective component of probation services: they have an educational impact on the offender, prevention of repeated offenses, and promotion of social adaptation and reintegration of offenders into society. Key words: foreign experience; institute of probation; offenders; punishment; society; system of execution of punishments.