ON THE FEATURES OF PROSECUTOR’S SUPERVISION OVER THE AUTHORIZED BODIES ACTIVITIES ON PROBATION

Author (s): Karelin V. V.

Work place:

Karelin V. V.,

Doctor of Sciences (Law), Scientific Researcher of the Scientific

and Research Department Concerning Problems of Pedagogics

in the Military Sphere of Research Management Military-Humanitarian Research Center, Military Institute of Taras Shevchenko National University of Kyiv, Kyiv, Ukraine

ORCID: 0000-0002-6271-2447

Language: Ukrainian

Criminal Executive System: Yesterday. Today. Tomorrow. 2020. № 2 (8): 31- 39

https://doi.org/10.32755/sjcriminal.2020.02.031

Summary

The article considers the main aspects of the features of prosecutor`s supervision over the authorized bodies activities on probation. The main positions of scientists regarding prosecutor`s supervision over the authorized bodies activities on probation are highlighted. The specifics of this institute are determined. Based on the analysis, it is proved that prosecutorial supervision is an effective means of ensuring compliance with the law in the execution of criminal penalties and probation in Ukraine. It is proved that According to Art. 2 and 26 of the Law of Ukraine “On the Prosecutor’s Office” in Ukraine provides supervision over compliance with the law during the execution of court decisions in criminal cases. Order of the Prosecutor General’s Office of Ukraine dated 03.08.2020 №353 “On the organization of prosecutors to monitor compliance with the law in the execution of court decisions in criminal cases, as well as in the application of other coercive measures related to the restriction of personal liberty”, to the main tasks of activity in this direction are supervision over observance of the legislation at execution of punishments not connected with imprisonment, and probation.

It is determined that certain aspects of the activity of probation bodies are supervised. In the usual sense, surveillance is surveillance for protection, control, and so on. Prosecutorial supervision in our country is provided in accordance with the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office” and other regulations of the General Prosecutor’s Office of Ukraine. It is established that at present, despite some previous reforms to exclude general supervision from the competence of the prosecutor’s office, the supervisory powers of prosecutors still remain significant, although they are limited mainly to the field of criminal proceedings. The importance of the supervisory functions of the prosecutor’s office at the European level is also being restored. In particular, this trend is explained by the need for larger surveillance and interception measures by the prosecutor’s office in the international arena, as there is a threat of the rapid spread of terrorism and organized crime.

On this basis, it should be noted that it is appropriate to conduct further research on the activities of prosecutorial supervision of the specially authorized body for probation.

Key words: prosecutorial supervision, prosecutor’s office, authorized bodies on probation, convict, criminal and executive system.

References

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