Institute of Probation under the Draft New Criminal Code of Ukraine

Abstract

The appearance of new criminal law institutes in the legislation requires scientific justification. The purpose of the article is to determine the author’s vision of the probation institution model in the draft of the new Criminal Code of Ukraine. In order to achieve the set goal, using historical legal, comparative, dialectical, systemic, hermeneutic, and other methods, international standards of treatment of offenders, the national and foreign legislation, doctrinal provisions were analyzed, formulated proposals for the project of the new Criminal Code of Ukraine were highlighted.According to the results of the conducted research, the provisions of the legal institution of probation in the project of the new Criminal Code of Ukraine have been scientifically substantiated. The considerations that guided the working group on the development of new criminal legislation when formulating new legislative provisions are given. The definition of the concept of probation and means of probation is substantiated, and the persons to whom probation is applied are outlined. Arguments are given regarding the expediency of establishing the general principles of probation and the rules for canceling, changing or supplementing probation measures. The duration of probation for different persons, as well as the legal consequences of probation, are determined.Probation as a criminal legal tool is a control, corrective and supervisory tool defined by the criminal law, which involves restrictions on the exercise of human rights or freedoms and is applied by the court to a person convicted of a crime, with the aim of ensuring the safety of society and encouraging this person to obey the law. At the same time, probation as a criminal law institution is an externally designed structural element of the field of criminal law (its General part), which constitutes a system of criminal law norms designed to comprehensively regulate social relations arising between the state and a person convicted of a crime, with the aim of ensuring society and encouraging this person to obey the law.The system of means of probation is a complex integrated complex of socially determined, qualitatively defined, interconnected and interacting elements, which have an integral structure. According to the content and functionality, the working group proposes to combine the means of probation into three groups: 1) control; 2) corrective; 3) supervisory.The positive consequences of probation in the form of non-fulfillment of the prescribed punishment occur for the person who behaved positively during probation. Probation has proven its effectiveness in practice, as more than 90 % of convicts to whom it is applied have positive consequences. The negative consequences of probation arise in connection with a person’s negative behavior and are differentiated for different categories of persons.