CURRENT ISSUES OF PRE-TRIAL PROBATION IN MODERN CONDITIONS

Abstract

The article is devoted to the analysis of actual issues of the implementation of pre-trial probation in modern conditions. It was emphasized that one of the urgent and unresolved issues at the moment remains the determination of the deadline for the preparation of the pre-trial report by the corresponding decision of the court of first instance. This aspect of the practical sphere is not regulated by the current legislation of Ukraine. At present, the courts of first instance set the term according to the judges' own, internal conviction. In almost a third of the relevant court decisions, the term for preparing a pre-trial report is less than ten days. Such a term is objectively insufficient for the proper preparation of a pre-trial report. Therefore, the specified problem needs to be solved by introducing a norm into the current Criminal Procedure Code of Ukraine, which provides for a period of thirty days for the preparation of a pre-trial report. The author's position is expressed that such a term is necessary and sufficient for the proper preparation and presentation of a pre-trial report to the court by a representative of the staff of the probation authority. In addition, there is no procedural mechanism for extending the deadline for preparing a pre-trial report in the current criminal procedural legislation. In this context, the urgent issues of determining the powers of the court and the representative of the staff of the probation body regarding the extension of the deadline for preparing the pre-trial report also remain unresolved. Within the scope of the article, the author's point of view on the solution of the specified topical issues is proposed and the introduction of appropriate normative adjustments to the current Criminal Procedure Code of Ukraine is proposed. Additional and no less relevant is the question of determining the order of the accused's participation in the procedure of drawing up a pre-trial report. It is emphasized that the participation of the accused in this procedure belongs exclusively to the rights of such a person. For this purpose, it is proposed to delete from the current Criminal Procedure Code of Ukraine the norm that obliges the accused person to participate in the preparation of the pre-trial report.