PROBATION PERIOD AS A MEANS OF IMPLEMENTING THE FUNCTIONS OF CONDITIONAL SENTENCE

Abstract

The paper reveals the functional purpose of the norms regulating the procedure for establishing, extending and canceling the probation period on the grounds provided for in Article 74 of the Criminal Code, and determines their place in the mechanism for implementing the protective and restorative functions of criminal law. In the course of the study, the author comes to the conclusion that it is necessary to make a number of changes to this procedure, in particular, concerning the assessment of the grounds and determination of the legal consequences of the cancellation of probation as a result of the commission of an administrative offense by a conditionally convicted person, careless and intentional crimes, as well as violations of the requirements established for the behavior of a convicted person for the period of probation by a court verdict. At the same time, when designing the norms on probation, the legislator should proceed from the fact that the maximum effect of using this tool depends on the degree of integration of the convict's personality into a socially oriented environment, including in terms of correcting his value-semantic attitudes. It can be achieved if the probationer takes part in the life of society on an equal basis with its other representatives, being in the same social status and legal position with them, that is, in conditions of equal opportunities. Therefore, the longer a person is in the status of a convicted (albeit conditionally convicted) and a judged person, the further the prospect of full-fledged re-socialization will move away from him.