- pre-trial probation, pre-trial report, accused, probation body, criminogenic factors
- https://doi.org/10.33270/01201174.112
- Pages 112-118
The purpose of the article is to analyze the features of establishing the influence of criminogenic factors on the behavior of a person during the implementation of pre-trial probation and the study of the legal framework and methods of compiling a pre-trial report. To achieve this goal, the article performs the following tasks: established the impact of criminogenic factors on the behavior of the accused, and some processes of pre-trial probation defined by criminal law, provided suggestions and recommendations to improve the use of pre-trial probation reports in Ukraine. Methodology. The study used a dialectical method of scientific knowledge of socio-legal phenomena in their contradictions, developments and changes, which allows to objectively assess the level, providing the court with information characterizing the identity of the accused in the pre-trial report, the effectiveness of national legislation in preventing criminal offenses, as well as problematic issues during the collection of information in the implementation of pre-trial probation. Formal-logical method, by means of which elements of the legal mechanism of prevention of criminal offense by probation bodies are revealed. The comparative legal method was used in the analysis of current legislation and international regulations; statistical – in the analysis of empirical data and in the process of studying statistical material; formal logic (analysis and synthesis, hypothesis) – in determining the main directions of scientific work and the main problems. The theoretical basis of this publication were the works of domestic and foreign scientists on the establishment of crime factors and improving the effectiveness of crime prevention in Ukraine in modern conditions. The scientific novelty of the publication lies in the need for a thorough analysis of criminogenic factors that have been identified during the implementation of pre-trial probation. Conclusions. Based on the results of the study, the problematic issues of implementation of pre-trial probation measures were considered; arising from the establishment of criminogenic factors, the procedure for taking measures against the person of the accused; appropriate proposals and recommendations for improving the correctness of the formulation and application of pre-trial reports were provided