THE MECHANISM OF ADMINISTRATIVE AND LEGAL REGULATION OF PROBATION IN UKRAINE AND ITS FEATURES

Abstract

The article considers the question of the availability of a mechanism of administrative and legal regulation in the area of application of probation in Ukraine and its peculiarities. Since in each branch of law there is a mechanism of legal regulation, the purpose of the study was to question the availability of a mechanism of administrative and legal regulation in the process of applying for probation. As a result of the analysis, the issues of the mechanism of administrative-legal regulation are considered, and it is proved that the data are inherent in the sphere of application of probation.

However, since the system of probation has recently been introduced, the question of the mechanism of legal regulation and the application of the mechanism of administrative and legal regulation in this area has practically not been considered in the scientific literature. The comparison of the application of the mechanism of administrative and legal regulation in separate proceedings and in the proceedings with application of probation is carried out. It is proved that the mechanism of administrative-legal regulation is used in proceedings in the application of probation, but it is closely connected with the mechanism of legal regulation of criminalexecutive law.

It is noted that integration into the European space and the consolidation of the basic rights and freedoms of man and citizen in the Ukrainian society led to the need for new searches for the execution of sentences. Therefore, a system of probation was introduced that should help in re-educating offenders.

The conclusions highlight the main differences between the mechanism of administrative and legal regulation, which is applied in other branches of law and in the field of probation.