On June 22, 2018, the National Prosecution Academy of Ukraine hosted the International roundtable «Theoretical and practical aspects of the institute for probation in Ukraine».
The purpose of the event was to unite the efforts of scientists and practical workers to solve the problem issues of the institute of probation while considering criminal proceedings in court, as well as to develop recommendations for the improvement of criminal, criminal procedural and criminal executive legislation.
Representatives of the General Prosecutor’s Office of Ukraine and regional prosecutor’s offices, judges of the Supreme Court, lawyers, and scientists took part in the international roundtable.
The Rector of the Academy Mykhailo Loshytskiy delivered the welcome speech and expressed the hope that the event would be fruitful and useful for the activity of the institute of probation in Ukraine. «Of course, everything new in our lives must prove its right to exist for the benefit of society and the state as a whole. But innovations also need support, so we decided to organize and hold this roundtable on the basis of the National Prosecution Academy of Ukraine to discuss important issues concerning the probation institute in Ukraine both in the theoretical and practical aspects. As far as we know, there are a lot of such issues since the adoption of the Law of Ukraine «On Probation», – the Rector of the Academy said.
Deputy Prosecutor General Anzhela Stryzhevska welcomed the attendees and emphasized the relevance of the roundtable for the activities of the prosecutor’s office. «The issue of probation in Ukraine will be relevant in the coming decades, so we must still work on the implementation of certain legislative norms. For the time being, probation is mostly formal, but I hope that in the future everything will change for the better», – said Deputy Prosecutor General.
The moderators of the sessions were the head of the department of public prosecutors training in public prosecution on behalf of the state of the Institute for Continuing Professional Development of the National Prosecution Academy of Ukraine Liudmyla Petrovska and deputy head of that department Valerii Sevriukov.
Deputy Minister of Justice of Ukraine Denys Chernyshov highlighted the current state of probation implementation in Ukraine. «We must focus on ensuring the sustainability of all these powers of the probation body and improving the work with the subjects of probation. Much of this activity depends on coherent interaction with various institutions – state authorities, local self-government, judicial and law enforcement agencies, the prosecutor’s office, public associations and citizens. At the same time, it should be remembered that probation in Ukraine, despite the achievements, is at the stage of formation», – the Deputy Minister of Justice summed up the report.
Deputy Director of the National Investigative Service of the Republic of Bulgaria Juliana Petkova Katsarova-Chorbadzhyieva, who presented the experience of the probation institute in the Republic of Bulgaria, came online. Lev Kishakevych – Judge of the Cassation Criminal Court in the Supreme Court reveled the topic «Preliminary report in criminal proceedings: past, present, problems».
Head of the department for supervising the observance of laws in enforcing court decisions in criminal proceedings and other coercive measures in the places of non-release of the Prosecutor General’s Office of Ukraine Viacheslav Svirets and Deputy Head of the department – Head of the law enforcement supervision unit in the execution of criminal penalties and probation of supervising the observance of laws in execution court decisions in criminal proceedings and other measures of compulsory nature in places of non-release of the General Prosecutor’s Office Volodymyr Fito raised issues that arise during supervising the observance of laws by probation authorities.
Oleh Yanchuk, Acting Director of the State Agency «Probation Center» of the Ministry of Justice of Ukraine, presented the report «Topical issues of probation implementation in Ukraine». The judge of the Kiev-Sviatoshynskyi district court of the Kyiv region Myroslava Omelchenko disclosed the topic «Post-trial (supervisory) probation: problems of preventive work with convicts belonging to socially vulnerable groups of the population».
Vadym Butenko, Deputy Chairman of the Council of Judges of Ukraine, highlighted the topic «Judgment as the basis for applying supervisory probation». A lawyer Dmytro Yahunov presented the report «Thin red line» of the institute of probation».
Oleksandra Yanovska, Judge of the Grand Chamber of the Supreme Court, an ad hoc judge of the European Court of Human Rights, spoke about the equality of the parties in pre-trial probation procedures. The report «Preliminary report as a component of probation: problematic issues» was made by the prosecutor of the department for the maintenance of state prosecution in the region and in the court of appeals of the prosecutor’s office of Zhytomyr region Denys Stemkovskyi. «In view of the foregoing, I believe that the court should use the pre-trial report as additional information in determining the amount of the punishment of the accused, and only in combination with other data on the person of the accused obtained during the pre-trial investigation and trial. At the same time, the court cannot rely solely on information contained in the pre-trial report, in imposing a punishment», – said the prosecutor in his speech.
Olena Priadko, a member of the National Bar Association of Ukraine, outlined some aspects of the practical application of the pre-trial report. An associate professor of the department of criminal procedure and criminology of the Academy of Advocacy of Ukraine, Kyrylo Lehkych spoke on the topic «Problematic issues of application of the pre-trial report». Oleh Plakhotnik, an associate professor of the department of justice of the Law Faculty of Taras Shevchenko National University of Kyiv, emphasized the significance of the pre-trial report for the prosecution.