HISTORICAL AND LEGAL ANALYSIS ОF INSTITUTION OF CONTROL AND SUPERVISION UNDER PERSONS RELEASED FROM SERVING PUNISHMENT WITH PROBATION IN UKRAINE
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 6, Issue
Abstract
The article is devoted to the establishment of institution of control and supervision of persons released on probation. The author analyzes the stages of legislative regulation and supervision of persons for which conditional penalty is not carried out against the background of the formation of institution of probation and transforming it into institution releasing convicted persons on probation. The stages established: the formation of institution of control of conditionally sentenced (1918–1930) – during this period control has not been regulated and based on judicial opinion as to the forms of its implementation; conservative development of institution of control of the behavior of conditionally sentenced (1930–1958) – a period is characterized by minimal application of conditional conviction and using repressive forms of legal influence; formation of post-penitentiary monitoring (1958–1970) – a characteristic feature of the period is legal regulation of control and supervision of conditionally sentenced persons, persons sentenced with respite, conditionally sentenced persons with obligatory attraction for working, administrative supervision; improvement of post-penitentiary monitoring (1970–1992) – a main feature of this period is the legislative regulation of post-penitentiary monitoring of new corrective labor legislation; the formation of institutions of control and supervision of conditionally sentenced persons (1992–2003) – based on the adoption of amendments to corrective labor and penal legislation there was regulation of control and supervision as a means of ensuring of implementation of new Institution of Criminal Law – release on probation; modern period of further improvement of post-penitentiary control and formation of probation supervision (2003 – present time).
Authors and Affiliations
О. М. Звенигородський
Keywords
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