INTERACTION BETWEEN STATE POLICY IN THE FIELD OF PROBATION AND CRIMINAL LEGAL POLICY

Abstract

The article considers the state policy in the field of probation as a component of the criminal law policy of Ukraine, its role in the implementation of alternative punishment measures that meet modern international standards. Particular attention is paid to the interaction of these policies aimed at implementing the principles of justice, proportionality of punishment and humanization of justice.

The author analyzes the regulatory and legal foundations of probation, in particular its consolidation in the Criminal Code of Ukraine and the draft of the new Criminal Code. It is determined that probation provides not only control over convicts, but also active social and educational work, which contributes to their social adaptation, maintenance of social ties and employment. The article states that probation allows to avoid excessive isolation of offenders, which reduces social stigmatization and increases the chances of successful integration into society.

Probation is considered an effective mechanism for ensuring a balance between the interests of society and offenders. On the one hand, it guarantees the safety of citizens by preventing recidivism and social rehabilitation of offenders. On the other hand, it implements the principle of humanity, allowing convicts to correct themselves without isolation, reducing the level of social stigmatization and supporting their adaptation to living conditions in the community.

The advantages of probation for both the state and offenders are separately considered. For the state, probation provides a reduction in the cost of maintaining prisoners, a decrease in the number of people in penitentiary institutions and an increase in trust in the judicial system. For offenders, it is an opportunity to change without isolation, maintain work, family relationships and a chance to fully return to the community.

Special attention is paid to the importance of implementing international standards in the probation system of Ukraine. Analyzing European experience, the author demonstrates that probation is becoming an important factor in reducing the level of crime due to the emphasis on rehabilitation and restorative justice.