Правове регулювання застосування програм з виправлення та ресоціалізації засуджених за рішенням суду
DOI:
https://doi.org/10.34015/2523-4552.2024.2.04Keywords:
programs, corrections and resocialization, probation, programs for offenders, probation programs, court decisions, criminal lawAbstract
The article explores the legislative and practical aspects of implementing rehabilitation and resocialization programs for convicted individuals in Ukraine. The author emphasizes that the primary goal of punishment in criminal law is not only retribution but also the rehabilitation of offenders and their reintegration into a self-regulated, law-abiding lifestyle. An analysis of current legislation reveals that in recent years Ukraine has introduced several probation programs, offender rehabilitation programs, and a new type of punishment—probation supervision. However, the legislation still lacks a unified approach to the definition, classification, and systematization of such programs, complicating their integration into the criminal and correctional justice systems.
Based on an analysis of legislation and judicial practice during the period from 2018 to 2024, the article identifies key challenges in the application of the law, including the limited number of programs, insufficient diversity in their types, and the absence of clear mechanisms for their implementation. The author highlights that the lack of a comprehensive approach to the resocialization of convicted individuals adversely affects the criminogenic situation in the country and reduces the effectiveness of the criminal justice system.
It is noted that the lack of a unified approach to defining and classifying such programs, the limited number and variety of proposed measures, as well as insufficient integration of programs into the system of criminal and penal law negatively affect the effectiveness of resocialization.The article proposes amendments to current legislation, specifically the addition of provisions to Article 65 of the Criminal Code of Ukraine, which would enable courts to assign rehabilitation and resocialization programs as supplementary obligations to the primary sentence.
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