ORDER OF THE MINISTRY OF JUSTICE OF UKRAINE

of January 17, 2017 No. 98/5

About approval of the Regulations on the organization of activities of volunteers of probation

According to Article 13 of the Penitentiary code of Ukraine and article 20 of the Law of Ukraine "About probation" I order:

1. Approve Regulations on the organization of activities of volunteers of probation which are applied.

2. Department of the public law of the Ministry of Justice of Ukraine (Kravchenko L. M.) shall submit this order on state registration according to the Presidential decree of Ukraine of October 3, 1992 to No. 493 "About state registration of regulatory legal acts of the ministries and other executive bodies".

3. This order becomes effective from the date of its official publication.

4. Control over execution of this order shall be entrusted to the deputy minister Chernyshev D. V.

Approved by the Order of the Ministry of Justice of Ukraine of January 17, 2017 No. 98/5

Regulations on the organization of activities of volunteers of probation

I. General provisions

1. This Provision regulates procedure of activities of volunteers of probation.

2. Activities of volunteers of probation are performed according to the Law of Ukraine "About volunteer activities" taking into account the features determined by the Penitentiary code of Ukraine, the Law of Ukraine "About probation" and the regulatory legal acts regulating the organization of probation.

3. In this Provision terms are used in the values given in the Penitentiary code of Ukraine and the Law of Ukraine "About probation".

4. The main objective of volunteers of probation is assistance to authorized body concerning probation in implementation of supervision of subjects of probation and carrying out with them social and educational work.

5. Volunteers of probation perform the powers under the direction of and on the instructions of authorized body concerning probation.

II. The directions of the volunteer activities connected with probation, the organization of activities of volunteers of probation

1. The volunteer activities connected with probation are performed by volunteers of probation in the following directions:

assistance to authorized bodies concerning probation in implementation of supervising actions for place of employment and studies of subjects of probation;

participation in carrying out social and educational work with subjects of probation;

participation in creation and implementation of individual work plans with subjects of probation;

participation in carrying out individual scheduled maintenance with subjects of probation;

rendering advisory, psychological and other types of the help to subjects of probation;

assistance in employment of subjects of probation, attraction them to training, educational actions and socially useful activities;

assistance in realization of probation of programs concerning the subjects of probation exempted from serving sentence with testing and persons sentenced to punishment in the form of probation of supervision to whom the court assigns such obligation;

participation in realization of other measures directed to correction of subjects of probation and the prevention of making of repeated criminal offenses by them.

2. The activities of volunteers of probation connected with implementation of supervising actions behind observance by subjects of probation of the obligations determined by the law and assigned to them the judgment condemned to punishment in the form of probation of supervision or provide participation in:

check of subjects of probation on place of employment or studies;

to check of accomplishment of the obligations assigned by the judgment of the persons condemned to punishment in the form of probation of supervision or exempted from serving sentence with testing;

check of reliability of the reasonable excuses which caused absence of subjects of probation in authorized body concerning probation in the appointed time;

actions connected with initial search of subjects of probation which location is unknown.

3. Involvement of person to the volunteer activities connected with probation is performed by authorized body concerning probation according to the written application of this person (appendix 1) after interviewing with the employee of authorized body concerning probation and filling of the questionnaire of the volunteer of probation (appendix 2).

During the interview the employee of authorized body concerning probation clear capability of person to the volunteer activities connected with probation, its motivation, work experience, education and other data characterizing the candidate for volunteers of probation.

4. To the candidate for volunteers of probation by authorized body concerning probation the probation period up to three months during which its moral and business qualities are studied can be established.

5. About inclusion of person in the list of volunteers of probation logging of accounting of volunteers of probation is made (appendix 3).

6. Persons having not extinguished are not involved in the volunteer activities connected with probation or the criminal record, and also persons which are not removed in the procedure established by the law which were excluded earlier by authorized body concerning probation from the list of volunteers of probation because of assumption of actions and acts which negatively affected reputation of the volunteer of probation, authorized body concerning probation violated the rights of subjects of probation.

7. To the volunteer of probation on implementation of the volunteer activities connected with probation, authorized body concerning probation determines tasks taking into account work experience, educations, moral, business qualities, the stated offers and wishes of the volunteer of probation.

The task on implementation of the volunteer activities connected with probation is provided only with the consent of the volunteer of probation.

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