PROBATION IN THE MECHANISM FOR IMPLEMENTING UKRAINE’S CRIMINAL LEGAL POLICY TOWARDS MINORS

Abstract

The purpose of the article is a comprehensive study of the legal and organizational principles of the application of probation for minors in Ukraine, determining the features of its implementation, identifying problems of legal regulation and substantiating directions for improving juvenile probation taking into account international standards for the protection of children's rights. The methodological basis of the study is a set of general scientific and special legal methods. The dialectical method was used to clarify the essence and development of probation as a component of the criminal justice system; the systemic-structural method was used to establish the place of juvenile probation in the mechanism of criminal-legal influence; the formal-legal method was used to analyze the provisions of criminal, criminal-executive legislation and legislation in the field of probation; comparative-legal method was used to compare national legal regulation with international standards for the treatment of minors who are in conflict with the law; statistical method was used to determine trends in the practical application of probation for minors. As a result of the study, the features of the legal status of minor subjects of probation were revealed, the content of the pre-trial report, probation supervision, social and educational work and other measures aimed at the correction and resocialization of minors without their isolation from society were analyzed. The need for individualization of probationary influence was established, taking into account the age, social environment, needs and risks of repeated criminal and illegal behavior of the minor. The feasibility of strengthening the interaction of probation agencies with children's services, educational institutions, social protection agencies and other entities involved in the resocialization process was substantiated. It was concluded that the further development of juvenile probation should be based on the priority of the best interests of the child, individualization of influence measures and expansion of the rehabilitation and preventive components of probation.