THEORETICAL AND LEGAL CHARACTERISTICS OF THE CONCEPT AND ESSENCE OF PROBATION IN CRIMINAL PROCEEDINGS

Abstract

The article provides a comprehensive study of the theoretical and legal foundations of the concept and essence of probation in the criminal process of Ukraine. Probation is considered a relatively new institution for the domestic legal system, combining criminal law, criminal procedure, and criminal enforcement mechanisms to ensure the resocialization of offenders and prevent recidivism. It is emphasized that the essence of probation lies in the balance between control and educational influence, and its introduction is in line with the general European trends of humanization of criminal justice.An analysis of the normative consolidation of probation in the Criminal and Criminal Procedure Codes of Ukraine, as well as in the Law of Ukraine “On Probation” has been carried out. The place of probation in the system of criminal measures of influence is determined and its main functions are outlined: resocialization, prevention, rehabilitation, and humanization. Particular attention is paid to international standards, in particular the European Probation Rules (2010), which have significantly influenced the formation of the national model.The paper highlights problematic aspects of probation implementation: lack of unity in the scientific definition of this concept, insufficient material and technical resources of probation authorities, staff shortages, and incomplete use of the potential of social programs. Ways to improve legislation and practice are proposed, in particular, strengthening coordination between courts, probation authorities, and social services. The work has both theoretical and practical significance: theoretically, it contributes to the clarification of the categorical apparatus of criminal procedure, and practically, it can be used to improve law enforcement activities in the field of probation.It is proven that the theoretical and legal characteristics of the concept and essence of probation in the criminal process indicate its dual nature: on the one hand, as a tool for implementing criminal responsibility, and on the other – as a socio-legal institution aimed at the resocialization of a person. Further development of the Ukrainian probation system should be based on the harmonization of national norms with European standards, increasing the effectiveness of the practical activities of probation bodies and strengthening interaction with civil society institutions.