The event was organised by the Legislation Institute of The Verkhovna Rada of Ukraine, UN Children's Fund (UNISEF) in Ukraine and 'Youth for Democracy' Kharkiv Public Centre.

 

It was attended by members of The Verkhovna Rada of Ukraine, Central Executive bodies, The Supreme Court of Ukraine, and the General Public Prosecutor's Office, together with public and International organisations.

 

This concept, as stressed by speakers at the meeting, had been developed taking into account the current state of the criminal procedure, criminal punishment implementation practice, international experience, the desired humanisation of a penalty policy pursued by the State, and its negative social consequences, etc. The term 'Probation' was first introduced in this concept to mean a complex of supervisory, social, educational and preventive measures employed by a Court´s decision towards a defendant found guilty of a less serious crime.

 

 It was also mentioned that the fundamentals of Probation should also be applied to Probationary offenders relieved from serving a prison sentence, and those sentenced to community or disciplinary service or conditionally released on parole from penal service.

 

The meeting believes that introduction of such a system will enhance general security and the protection of interests of both the individual and the State, through efficient supervision and social work with first-time offenders, together with those convicted but not sentenced to imprisonment or prisoners given an early release through parole.

 

The purpose of juvenile probation (for children and adolescents), as highlighted, embraces a study of the personality of the juvenile offender, with the aim of putting forward recommendations for the Courts concerning the replacement of custodial sentences with Probation, or an alternative punishment instead of a custodial sentence, and provision of efficient supervision combined with on-going social work.

 

Measures to realise this concept shall be implemented in two stages: First stage during 2008/10, and the second stage 2011/18.

 

During its realisation, relevant amendments and additions to the Criminal Code, Procedural Criminal Code, and Executive Criminal Code of Ukraine are to be made, concerning the introduction of Probation, the procedure for its imposition and execution, the duties and rights of both convicts and Probation Office personnel, and also the convicts' responsibility.

 

Proposals have been made relating to amendments concerning the distribution of functions and authorities, resulting from the introduction of Probation, in the laws 'On the State Executive Criminal Office of Ukraine', 'On Juvenile Bodies and Offices, and Special Establishments for Juveniles', 'On Militia', and other legislative instruments and departmental acts.

 

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