Journal of International Legal Communication (Dec 2021)
BEST PRACTICES IN THE PREVENTION OF RECIDIVISM – CURRENT STATE AND FOREIGN EXPERIENCE
Abstract
The article is highlighting best practices in the prevention of recidivism and international standards in this area. Current international standards for the treatment of convicts include, inter alia, provisions relating to interference with prison activities, including education, training and other programs, as well as the need to ensure contact with the outside world; early release of convicts; providing assistance and support to convicts after release; community involvement in the reintegration process; and standards that encourage the use of NGO programs as an alternative to imprisonment. International standards provide for the formation of strategies for the reintegration of offenders, which should include, inter alia: analysis of the problems that the offender will face after release from prison and ways to solve them; mobilization of available resources and cooperation of various bodies to solve the problems of persons released from prisons; special attention is paid to the needs of women released from prisons, criminals living in rural areas or belonging to national minorities, etc. The issues related to the practical implementation of probation legislation in Ukraine are analysed and it is concluded that there is no existing regulation. The author emphasizes that at this stage it is impossible to talk about a comprehensive approach of the state to the prevention of recidivism due to the existence of effective national programs to prevent it, which are reflected in relevant programs and, in turn, in individual plans to combat new crimes for specific criminal offenders. Also, the probation programs currently available in Ukraine are essentially training courses that contribute to the acquisition of a specific skill, but are not sufficient for comprehensive changes in the life of a person at high risk of recidivism. Without diminishing the role of controlling the behaviour of a person who has already committed a criminal offense, more attention should be paid to feedback from criminal offenders and helping them to resolve issues related to employment, housing and social networking. Thus, there is a need to implement scientifically and normatively approved national programs developed in accordance with foreign experience and international standards by the best scientists with the active participation of the public.
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