Служба пробації Латвії: правові засади діяльності

2020 
The article describes the experience of establishing a probation service in Latvia in the 90s of the XX century – at the beginning of the XXI century; the structure of the State Probation Service of Latvia and the mechanism of realization of nine main functions of the Service under the Law of Latvia "On the State Probation Service" of December 18, 2003, are analyzed: 1) submission of a report on the evaluation of the probation client; 2) development of probation programs and implementation of licensed programs; 3) execution of criminal punishment in the form of forced labour; 4) execution of a coercive measure of educational nature – public works; 5) organization and conduct of the mediation process in criminal proceedings and cases concerning the application of coercive measures of educational character to children, as well as four supervisory functions: 6) supervision over persons conditionally released from criminal liability with a probationary period; 7) supervision over conditionally sentenced persons on probation; 8) supervision over parolees serving additional sentences; 9) probation supervision. The peculiarities of supervision over parolees are indicated. It is noted that Latvian legislation provides for the possibility of establishing both ordinary and electronic surveillance for persons applying for parole. The author indicates the peculiarities of supervision over parolees. It is noted that Latvian legislation provides for the possibility of establishing both ordinary and electronic surveillance for persons applying for parole. It is noted that Latvian legislation provides for the possibility of establishing both ordinary and electronic surveillance for persons applying for parole. The basic rights of officials and employees of the State Probation Service of Latvia and the responsibilities of convicts under the supervision of the Service, including the additional responsibilities of the convicts subjected to electronic supervision; the activity of the Advisory Council at the State Probation Service of Latvia and territorial advisory councils are considered as well. It is concluded that Latvia has created the legal framework and mechanism for the implementation of both the punishments as an alternative to imprisonment and measures as an alternative to punishment (public sanctions); and other measures are being taken to implement the recommendations of the Council of Europe CM / Rec (2010) 1 of the Committee of Ministers to member states on the Council of Europe Rules on Probation, CM / Rec (2014) 4 of the Committee of Ministers to member states on electronic monitoring, CM / Rec (2017) 3 of the Committee of Ministers to member states on the European rules on public sanctions and measures.
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