Council of Europe State Department of Ukraine for Execution of Sentences EXPERT MEETING October 22-23, 2009 DRAFT LAW OF UKRAINE ON PROBATION concept, structure and orientation Dmytro Yagunov co-author of the Draft Law On Probation
HISTORY UNICEF Working Group (July 2007) The Concept of Establishing and Development of the Probation System of Ukraine on Draft Law On Probation (registered in the Parliament in November 2008) Харківський громадський центр МОЛОДЬ ЗА ДЕМОКРАТІЮ
In the Concept, probation is understood as a LINK between: PROBATION Criminal Justice Process Execution of punishments Social work
Structure of the Draft Law General provisionsChapter І. General provisions Organisational structure of the probation serviceChapter ІІ. Organisational structure of the probation service Chapter ІІІ. Pre-sentence reports Juvenile probationChapter IV. Juvenile probation Status of probation officersChapter V. Status of probation officers ConclusionsChapter VI. Conclusions
? Law On Probation or On Probation Service
DEFINITION Probation Probation – the system of supervisory, social, educational and preventive measures which could be used by the court to persons, charged with or found guilty of a small or not seriuos crime)
Article 6. Enforcement of Probation conditional punishments community punishments conditional releases Probation could be also enforced together with:
CLIENTS OF THE POBATION SERVICE
Periodic registration Unpaid works Restoration of harm Participation in mediation Work, education Medical treatment Living in rehabilitation centres Participation in psychological trainings Duties and responsibilities
Contacts with defined persons Changes of living place Leaves of home in defined hours Visit defined places and territories PROHIBITIONS
GOVERNMENTAL STRUCTURE
Ministry of Justice State Department of Ukraine for Execution of Sentences Something else (???) Probation Service
Aim of Probation
System of PUNISHMENTS System of MEASURES OF SECURITY, RESTRICTIONS, CONDITIONS, DUTIES
? Social Service або Service for execution of community penalties
yagunov.at.ua/news/ekspertne_zasidannj a_z_pitan_probaciji/
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