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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of January 18, 2017 No. 24

About approval of the Procedure for development and realization of probation of programs

According to part five of article 10 of the Law of Ukraine "About probation" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for development and realization of probation of programs which is applied.

2. This resolution becomes effective since January 1, 2018.

Prime Minister of Ukraine

V. Groysman

Approved by the resolution of the Cabinet of Ministers of Ukraine of January 18, 2017, No. 24

Procedure for development and realization of probation of programs

1. This Procedure determines the mechanism of development and realization of probation of programs.

2. In this Procedure terms are used in the value given in the Penitentiary code of Ukraine and the Law of Ukraine "About probation".

3. The purpose of realization of probation of programs is correction of the subjects of probation exempted from serving sentence with testing to whom the court assigns obligation of passing of probation of programs (further - subjects of probation), the prevention of making of repeated criminal offenses by them.

4. Task of realization of probation of programs is application of package of measures, subjects of probation or its separate manifestations, necessary for correction of social behavior, forming of socially favorable changes of the personality which are possible for checking objectively.

5. Assignment on the subject of probation of obligation of passing of the probatsionny program is performed by court according to item 4 of part two of article 76 of the Criminal code of Ukraine.

6. Expenses on realization of probation of programs are performed within amounts of the expenses approved for Ministry of Justice in the Government budget of Ukraine for the corresponding year and at the expense of other sources which are not prohibited by the legislation.

7. Projects of probation of programs are developed by Ministry of Justice.

8. The draft of the probatsionny program shall contain tasks, functions, signs of target group to which such program, information on skills and knowledge which subjects of probation by results of passing of the specified program can acquire, the resources necessary for its realization, content of actions, and also procedure for passing of the probatsionny program and assessment of results of passing is directed.

9. The Ministry of Justice can involve in project development of probation of programs of the company, organization and organization, irrespective of pattern of ownership.

10. Projects of probation of programs, changes in them taking into account the tasks determined in such programs go Ministry of Justice for studying, provision of notes and offers to Minsotspolitiki, the Ministry of Health, the Ministry of Education, the Ministry of Internal Affairs, Minmolodsport, National police, Academy of the Public penitentiary service, National academy of pedagogical sciences, National academy of medical sciences.

11. Approval of probation of programs, modification of them and cancellation of such programs is performed by Ministry of Justice.

12. The authorized body concerning probation provides representation to court which assigned to the subject of probation obligation of passing of the probatsionny program, information on the approved probation programs, the tasks determined in them, content of actions, procedure for passing and assessment of results of program implementation.

13. The realization of probation of programs is enabled by authorized body concerning probation.

14. Measures for realization of probation of programs affirm Ministry of Justice.

15. The authorized body concerning probation can involve in realization of probation of programs of volunteers of probation, the company, organization and organization, irrespective of pattern of ownership.

16. In case of implementation of the probatsionny program the authorized body concerning probation can obtain necessary information directly from state bodies, local government bodies, the companies, organizations, the organizations and certain citizens according to the procedure, established by the Law of Ukraine "About probation".

17. The Probatsionny program concerning the minor subject of probation is implemented by authorized body concerning probation together with the subject providing the social services determined by the Law of Ukraine "About social services" and "About social work with families, children and youth".

18. Implementation of the probatsionny program can be begun before the end of passing by the subject of probation of treatment for alcoholism, drug addiction or the disease constituting health hazard of other persons, psychiatric treatment.

19. In case of implementation of the probatsionny program information on the subject of probation can be transferred to the third parties according to the procedure, determined by the Law of Ukraine "About personal data protection", or from written consent of the subject of probation and if the subject of probation is minor - also with the consent of his parents or other legal representatives.

 

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