The dissertation provides a solution to the problems of penitentiary probation and its role in preventing recidivism and substantiates the increased social danger of recidivism that latency provides, as persons who have served prison terms become more aware and cautious.
The first chapter examines the historical periods of the formation of penitentiary probation and analyzes the development of the state's criminal-executive policy regarding the role of penitentiary probation.
It is indicated that this was a great victory in the field of implementation of the main provisions of probation and further improvement of this institute. At the same time, the law did not solve all existing problematic issues that arose during the application of probation. But, more and more often, debatable issues are raised in society regarding the appropriate role of probation, local self-government bodies, and charitable organizations. Which eventually leads to the creation of the probation service in Ukraine.
The socially dangerous manifestations and consequences of recidivism, which require the development and application of new effective means of preventing such criminal offenses, are analyzed. It is indicated that the humanization of punishments and the creation of the institution of probation in Ukraine can, according to their potential, provide positive results in the prevention of recidivism. Therefore, penitentiary probation and its role in preventing recidivism needs scientific and practical research. Development and implementation of effective guidelines for the prevention of recidivism and to determine the role of penitentiary probation in this area.
The scientific novelty of the dissertation research consists in the following obtained results. The dissertation is one of the first comprehensive criminological studies in Ukraine regarding penitentiary probation and its role in the prevention of recidivism, in which ways of improving prevention mechanisms are scientifically substantiated and proposed, a number of provisions and conclusions, conceptually new and important for criminological science, are formulated and substantiated. as well as law enforcement practice.
The author's definition of "mechanisms for the prevention of recidivism" is formulated as a system of measures that includes a set of methods aimed at ensuring the control of recidivism on the part of society.
The need to introduce the position of instructor in socio-cultural activities into the staff of probation bodies is substantiated. The definition of a socio-cultural activity instructor is provided as a specialist who helps in the resocialization of persons who are on the records of probation authorities, instructs how to properly organize socio-cultural activities in leisure time, in everyday life, in employment or starting one's own business, other legitimate activities.
It is proposed to supplement article 395-1 of the Criminal Code of Ukraine "Violation of probation requirements" with the following content: Violation of supervisory and social-educational measures by persons sentenced to punishments in the form of deprivation of the right to hold certain positions or engage in certain activities, public works, correctional works, persons who are punished in types of restriction of liberty or deprivation of liberty for a certain period were replaced by punishment in the form of community service or correctional work, persons exempted from serving a probationary sentence, pregnant women and women with children under the age of three, exempted from serving a sentence, applied by court decision and according to the Law "On Probation in Ukraine" - is punishable by arrest for a term of up to six months or imprisonment for a term of up to two years.
It has been established that the interaction of probation authorities with public organizations is due to the urgent need to implement new effective directions for the prevention of recidivism, which in the future can be included in the system of mechanisms for the prevention of recidivism. On the basis of the analysis of the works carried out during the research, dedicated to certain problems of interaction between probation authorities and public organizations in the prevention of recidivism in Ukraine, the directions of such interaction are singled out.
It has been established that the role of penitentiary probation will significantly increase and become more effective in its activities with the strengthening of cooperation with public organizations, including international ones, in the prevention of recidivism, since it is the persons who were previously convicted who are characterized by a sensitive psyche and a tendency to negatively perceive any changes in society.
