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LAW OF UKRAINE

of February 5, 2015 No. 160-VIII

About probation

(as amended of the Law of Ukraine of 21.12.2016 No. 1798-VIII)

Section I General provisions

Article 1. Law coverage

1. This Law determines the purposes, tasks, the bases, probation types, legal status of personnel of body of probation and subjects of probation.

Article 2. Determination of terms

1. In this Law the following basic concepts are used:

1) the volunteer of probation - the physical person which reached eighteen-year age, authorized by body of probation and the volunteer organization on accomplishment of the separate tasks connected from probation on voluntary and non-paid basis;

2) the pre-judicial report - the written information for court characterizing the person accused;

3) supervision - the actions performed by body of probation at the place of residence, works and studies of the obligations condemned for the purpose of observance determined by the law and assigned to them by court;

4) body of probation - the central executive body realizing state policy in the field of probation;

5) personnel of body of probation - workers who according to the powers determined by this Law and other laws of Ukraine perform probation tasks;

6) probation - system of the supervising and social and educational measures applied by a court decision and according to the law to convicts, accomplishment of certain types of the criminal penalties which are not connected with imprisonment and providing court with information characterizing the person accused;

7) the program about probation - the program which is appointed by a court decision to person dismissed from serving sentence with testing and provides complex of the actions directed to correction of social behavior or its separate manifestations, forming of socially favorable changes of the personality which can be checked objectively;

8) subjects of probation are convicts to whom by a court decision and according to the law supervising, social and educational actions, and persons accused concerning whom body of probation the pre-judicial report prepares are applied.

Article 3. Legislation on probation

1. The legal basis of probation and activities of body of probation is constituted by the Constitution of Ukraine, Criminal, Criminal procedural, Criminal and executive codes of Ukraine, this Law and other laws of Ukraine, the international agreements which consent to be bound is provided by the Verkhovna Rada of Ukraine.

Article 4. Probation purpose

1. The purpose of probation is safety of society by correction of convicts, preventions of making of repeated criminal offenses and providing court with information characterizing persons accused by them for the purpose of adoption by court of the decision on measure of their responsibility.

Article 5. Principles of probation

1. The probation is based on the principles:

justice;

legality;

inevitability of execution of punishments;

observance of rights and freedoms of man and citizen;

respect of human dignity;

equality before the law;

the differentiated and individual approach;

confidentiality;

impartiality;

interactions with state bodies, local government bodies, public associations and citizens.

Article 6. Probation task

1. Tasks of probation are:

preparation of pre-judicial reports concerning persons accused;

implementation of supervision of convicts to punishments in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, social jobs, corrective works, in persons to whom punishment in the form of restriction of freedom or imprisonment for certain term it is replaced with punishment in the form of social jobs or corrective works, the persons exempted from serving sentence with testing, exempted from serving sentence by the expectant mothers and women having children under three years;

accomplishment of certain types of the punishments which are not connected with imprisonment;

the direction of convicts to restriction of freedom for serving sentence in correction centers;

program implementation of probations concerning persons exempted from serving sentence with testing;

carrying out social and educational work with convicts;

implementation of actions for training of persons serving sentence in the form of restriction of freedom or imprisonment for certain term before dismissal;

realization of other actions directed to correction of convicts and the prevention of making of repeated criminal offenses by them.

Section II of the Basis and content of probation

Article 7. Bases for application of probation

1. In case of the solution of question of application to person of probation the court takes into account nature of the committed criminal offense and the social and psychological characteristic of the identity of the person accused or convict which is prepared by personnel of body of probation or administration of organization of execution of punishments.

2. The basis for application of probation are:

the written request of court in body of probation about provision of the pre-judicial report concerning the person accused;

conviction of court by which person is condemned to punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, social jobs, corrective works;

conviction of court by which person is condemned to imprisonment for certain term;

conviction of court by which person is condemned to restriction of freedom;

conviction of court by which person is exempted from serving sentence with testing;

the judgment about replacement of punishment in the form of restriction of freedom or imprisonment for certain term punishment in the form of social jobs or corrective works;

the judgment about release from serving sentence of the expectant mother or the woman having the child aged up to three years;

the act of pardon which to the convict replaces punishment or unexpired part of punishment with punishment in the form of social jobs or corrective works.

Article 8. Probation types

1. Types of probation are:

pre-judicial probation;

observation probation;

penitentiary probation.

Article 9. Pre-judicial probation

1. The pre-judicial probation is providing court with the formalized information characterizing the person accused for the purpose of adoption by court of the decision on measure of its responsibility.

2. For preparation of the pre-judicial report the personnel of body of probation have the right to obtain information on the person accused from the companies, organizations, the organizations or bodies authorized by them and from citizens.

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