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The Institute of Probation in foreign countries in the modern view

https://doi.org/10.31429/20785836-15-3-85-95

Abstract

Based on the analysis of modern approaches to solving the problem of resocialization, social adaptation, social rehabilitation of convicts, the article analyzes the current trends in probation in foreign countries. The significance of the system of normative legal regulation of the institution of probation in resolving issues of resocialization of convicts is stated. The author defines the essence of the basic categories within the framework of the issues under study with an emphasis on today's socio-legal and criminological assessments, such as the concept, principles, content, examines the subjects of probation, methods and forms of corrective intervention, as well as categories of people in need of support. A list of differentiating criteria is given – legal traditions, political regime, geographical, national, religious, psychological factors, political and legal culture of the population, which allow revealing the content and distinctive features of the phenomenon in question in countries belonging to different legal families. Based on the analysis of the essence of the institution of probation, the content of correctional interventions, a conclusion is made about the specific nature of the resocialization process, its duration, stages, sequence, continuity, dynamism, interconnectedness of the actions of subjects whose competence includes issues of guardianship and support of offenders. The author emphasizes the importance of variability, individuality of measures of a socio-economic, medical, educational, pedagogical, legal nature used in the re-socialization, social adaptation of the offender, while focusing on possible ways of providing services by the state to provide assistance aimed at restoring the personality and exercising control over his behaviour.
Based on the results of the research, identified in the course of the analysis of the side of the phenomenon under consideration, its most significant distinguishing features are formulated: regulation by the rules of law; independence of the institution for the national system of law; the composite nature of the legal institution of probation; a wide range of functions and forms of resocialization impact on the probation client; the nature of the provision of services (both on a reimbursable and non-reimbursable basis); a wide range of interested ministries and departments, the integrative nature of the participation of various institutions, the assistance of volunteers, the public; client-centric approach to each offender in order to achieve an individual result; effective distribution of efforts of subjects of law enforcement activities; saving material resources; the will and conscious desire of the probationer to lead a socially approved lifestyle; openness of the functioning of the probation institution with the support of civil society and civil initiative.

About the Author

M. А. Kaluzhina
FGBOU VO "Kuban State University"; Federal Research Institute of the Federal Penitentiary Service of Russia
Russian Federation

Marina A. Kaluzhina

Dr. of Sci. (Law), Associate Professor, Professor of the Department of Criminalistics and Legal Informatics of the FGBOU VO "Kuban State University"; Leading Researcher of the Federal Research Institute of the Federal Penitentiary Service of Russia

Researcher ID: X-5005-2019

Author ID: 733419



References

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Review

For citations:


Kaluzhina M.А. The Institute of Probation in foreign countries in the modern view. Legal Bulletin of the Kuban State University. 2023;(3):85-95. (In Russ.) https://doi.org/10.31429/20785836-15-3-85-95

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ISSN 2078-5836 (Print)
ISSN 2782-5841 (Online)