Aleksieiev I. Probation Institute in the Criminal Justice System of Ukraine

The theoretical, legal and organizational foundations of the Probation Institute in the criminal justice system of Ukraine are revealed in the dissertation, as well as the theoretical generalizations, conclusions and recommendations aimed at bringing the legislation of Ukraine and practice of its application in line with modern European traditions and standards in this field. The social and legal prerequisites for the introduction of the probation institute into the criminal justice system of Ukraine are outlined. The etymological meaning, scientific and legislative approaches to the interpretation of the essence of such concepts as "correction" and "re-socialization" are analyzed, their relation and interrelation are determined. Such a prerequisite for the introduction of probation in the criminal justice system as a change in the justice paradigm and the process of executing sentences is analyzed. The nature, content and functions of probation have been clarified. The basic approaches to defining the concept of "probation" are formulated in scientific doctrine and legislation. Signs of probation were identified, the main ones being: release of the convicted person from punishment or his further serving; establishment of a special trial regime during the stay of the convicted person outside the penitentiary; preserving the real possibility of actual use of punishment; supervision in the process of re-socialization of the convicted person. The prerequisites for the adoption of the Law of Ukraine "On Probation" are analyzed, the main shortcomings and advantages of this legal act are found out. A comparative legal study of the main functions of the probation authorities in Ukraine and in foreign countries is carried out.