Council of Europe State Department of Ukraine for Execution of Sentences EXPERT MEETING October 22-23, 2009 DRAFT LAW OF UKRAINE ON PROBATION concept, - презентация

1 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

2 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

3 In the Concept, probation is understood as a LINK between: PROBATION Criminal Justice Process Execution of punishments Social work

4 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

5 ? Law On Probation or On Probation Service

6 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)

7 Article 6. Enforcement of Probation conditional punishments community punishments conditional releases Probation could be also enforced together with:

8 CLIENTS OF THE POBATION SERVICE

9 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

10 Contacts with defined persons Changes of living place Leaves of home in defined hours Visit defined places and territories PROHIBITIONS

11 GOVERNMENTAL STRUCTURE

12 Ministry of Justice State Department of Ukraine for Execution of Sentences Something else (???) Probation Service

13 Aim of Probation

14 System of PUNISHMENTS System of MEASURES OF SECURITY, RESTRICTIONS, CONDITIONS, DUTIES

15 ? Social Service або Service for execution of community penalties

16 yagunov.at.ua/news/ekspertne_zasidannj a_z_pitan_probaciji/

17 THANK YOU