Results and perspectives probation in Ukraine

1.

RESULTS AND PERSPECTIVES PROBATION IN UKRAINE
Ministry of Justice of Ukraine
Probation Department
23 January, 2018, Kyiv, MATRA

2. UKRAINE

• The largest territory in Europe, 25
administrative regions, 32 place by
population in the world (42 million
population).
• 148 penitentiary establishments, 37586
thousand of prison staff positions
(31448 actual staff), 59 thousand of
prison population on 01.12.2017
• 67 thousand of offenders convicted to punishments without imprisonment
(“community sanctions and measures”), 3,3 thousand of staff, 499
Probation Units (PUs) by evidence on 01.12.2017.
• Probation is being functioned for 2 year and 11 months – 05.02.2015 the
Law of Ukraine "On probation" is adopted; additional amendments to
certain Laws are adopted on 07.09.2016 to ensure the running of all
probation functions.

3. THE HISTORY OF PROBATION

Key positive tendencies on the way to start probation:
2001: New alternative to imprisonment punishments are input to the Criminal Law of
Ukraine: such as social work (unpaid work), release on suspension. The Criminal-Executive
Inspection (CEI) was founded in 21th Nov 2001 as a new state authority which was in charge
of enforcement of new alternative to imprisonment punishments. It was included in the
inner structure of the State Criminal-Executive Service of Ukraine (previously the CEI was as
the part of the Ministry of Interior charge).
2002: The certain Cabinet of Ministry Decree was issued with task to study the necessity of
probation introduction in Ukraine.
2004: New Criminal-Executive Code of Ukraine came into force instead to the ExecutiveLabor Code. The new Law formed the new system of enforcement of punishments
alternative to imprisonment.
2006: First draft Law "On Probation Service" was elaborated and submitted to the
Parliament of Ukraine.
2010: White Paper on Juvenile Criminal Justice Reforms was enacted. This document
provided the legal ground to activities on introduction of juvenile probation.
2012: New Criminal Procedural Code of Ukraine was adopted which cardinally changed the
criminal judicial procedures (criminal procedure parties competition, imprisonment as the
final extra measure etc.).

4. PROBATION – POWERFULL SIDES

Key positive tendencies on the way to start probation:
2015: Law of Ukraine "On Probation" was adopted.
2016: The certain law amendments was adopted to ensure full-scale probation
functions introduction which are provided for in the 2015 Law of Ukraine "On
Probation" (the amendments regulates such innovations as: pre-sentence report,
probational supervision, probation programs, the duties and responsibilities of
the probation staff are legislatively determined).
There is skilled PUs staff who has knowledge and experience on enforcement of
punishments without imprisonment.
The training programs for probation staff are developed. 2,7 thousand of CEI and
PUs staff is trained on the December of 2017.
The sub-law is elaborated on the procedures of probation functions realisation.
The instruments of probation are developed.
The Probation Offices piloting is started: one Probation Center for adult
offenders is managed jointly with NGO in Poltava (case-management of
vulnerable offenders) and Lutsk Probation Office with local authority support in
(Dec 2017), 9 Probation Centers for juvenile offenders started.
The international partnership is established.

5. UKRAINIAN PROBATION

Pre-court
probation
• Risk Assessment of re-offending (brief form)
• Pre-sentence report
Supervising
probation
• Conviction to punishments without imprisonment (community and correctional
work, prohibition to be engaged at certain type of activity, supervising over the
convicted persons who are on suspension);
• Risk and Need Assessment of the likelihood of the re-offending (full form);
• Probation supervising;
• Individual case management;
• Probation programs (for those who are convicted persons but released on
suspension);
• Volunteers involvement.
Penitentiary
probation
• Cooperation with prisons and social patronage entities;
• Assistance in housing and getting job before being released from prisons
Perspectives of
probation
functions
extension
Extension of the list of measures and sanctions which may be imposed to;
Implementation of probation to conditionally released (parole) prisoners (Risk and
Needs Assessment and Supervising might be applied)

6. OBJECTIVES OF PROBATION

1) to ensure the public security through the correction of the
convicted persons
2) to prevent the commitment of the repeated criminal
offences by convicted persons
3) to provide the court with the information about accused
persons in order to take the decision on their liability
The objectives of the Ukrainian probation meet the
objectives which are indicated in the European
Probation Rules 2010
Law background:
05.02.2015 the Law “On Probation” is adopted (in force since 27.08.2015)
07.09.2016 additional amendments to certain Laws are adopted (in force
since 08.10.2016)

7. LAW and SUBLAW

Probation Department, MoJ, Ukraine
LAW and SUBLAW
LAW
(adopted)
LAW
(drafted)
• Act of Law “On amendments to Acts of Law of Ukraine on providing the
criminal sanctions enforcement and prisoners rights realization
(implementation of the Act of Law “On probation” №1492-07.09.2016
• Governmental Decree “On probation programs elaboration” №2418.01.2017
• MoJ Order “On the procedure of the Pre-trial Reports preparation”
№200/5-27.01.2017
• MoJ Order “On volunteers activity in probation” №98/5-17.01.2017
• MoJ Order “Regulation on Probation programs elaboration Working
Group” №1913/7-01.06.2017
Розроблені та схвалені
• MoJ Order “Regulation on Supervised Probation …”
• MoJ Order “Regulation on Penitentiary Probation…”
• MoJ Order “Regulation on enforcement of criminal sanction of Fine…”
• MoJ Order “On approval of the Methodology Risk of Crime Relapsing …”
• MoJ Order “Regulation on Probation programs introduction…”
• MoJ Order “On information exchange with the Tax Agency regarding the
inmates whom the criminal sanctions as deprivation of the right to take
certain positions or perform certain work or correctional labor are
imposed”

8. TASKS OF PROBATION

• Pre-sentence reports prepare
• Organisation of alternative to imprisonment punishments
enforcement (prohibition to be engaged at certain activities, free of
pay work in society, part of a salary deduction into the profit of the
state, release from punishment on suspension, substituting of
deprivation of liberty punishment to alternative punishment)
• Probation supervising over offenders who are convicted to
punishments without imprisonment
• Probation programs realisation (2018)
• Social and educational individual activities conducting (basing on
the Risk and Need Assessment)
• Assisting to prisoners who are about to be released
• Realisation of other measures which influence on offenders
rehabilitation and prevention of re-offending

9. PROBATION AUTHORITIES SYSTEM OF THE MINISTRY OF JUSTICE

Ministry of Justice
Towards Central Level
Deputy Ministry of Justice
Towards Regional Level
Probation Department
(37 staff positions)
(499 offices, 3942 staff positions) + Probation Departments in Prison Interregional Departments (69 staff positions)
CENTRALWEST
SOUTHEAST
CENTRAL
WEST
SOUTH
Region of
Lviv
Volyn
Ivano-Frankivsk
Zakarapattia
Rivne
Ternopil
9 staff positions
Region of
Odessa
Mykolaiv
Kherson
Kirovograd
11 staff positions
NORTHEAST
Region of
Vinnytsia
Khmelnytsky
Chernivtsi
9 staff positions
Region of
Dnipro
Zaporizhia
Donetsk
15 staff positions
Kiev city
Region of
Kiev
Zhytomyr
Cherkasy
Chernigiv
12 staff positions
59
services
of Probation office
(sections, sectors)
327
staff positions
71
services
of Probation office
(sections, sectors)
868
staff positions
94
services
of Probation office
(sections, sectors)
790
staff positions
100
services
of Probation office
(sections, sectors)
612
staff positions
89
services
of Probation office
(sections, sectors)
693
staff positions
86
services
of Probation office
(sections, sectors)
652
staff positions
Including
5 sectors
of
Juvenile Probation
Including
2 sectors
of
Juvenile Probation
Including
2 sectors
of
Juvenile Probation
Including
3 sectors
of
Juvenile Probation
Including
1 sector
of
Juvenile Probation
By evidence on September,
16% vacancies, 3316 actual staff
Region of
Kharkiv
Poltava
Sumy
Luhansk
13 staff positions

10. MANAGING BY THE PROBATION SYSTEM

Minister of Justice
Deputy Minister of Justice
PROBATION DEPARTMENT
37 staff positions
Prisoners Resocialisation and
Administrative Sanctions Office
(PR-ASO)
Probation
Management Office
(PMO)
Probation Effectiveness
Monitoring Office
(PEMO)
Community and Correctional Work
Administrative Sanctions Unit
(CCW-ASU)
Non-custodial Sanctions
and Probation Supervising Unit
(NS-PSU)
Analysis, Probation Development
and Statistics Unit
(APD-SU)
Prisoners Resocialisation Unit
(PRU)
Probation Programs Unit
(PPU)
Cooperation and
Information Unit
(CIU)
Pre-sentence Measures and
Penitentiary Probation Unit
(PM-PPU)

11. STATISTICS (01.12.2017)

Probation Department, MoJ, Ukraine
STATISTICS (01.12.2017)
PROBATIONERS
TURNOVER during
171,7
2017 –
thousand
COMMUNITY SERVICE
(community orders) 3,4 thousand(5,1%)
Criminal offences
RELAPSING – 1777
inmates
1,6%
(being on the registry)
PROBATIONERS
NUMBER by evidence
67
on 01.12.2017 –
thousand, of which:
DEPRIVATION of the
RIGHT to take certain
positions or perform
certain work - 3,7
thousand (5,5%);
CORRECTIONAL
LABOR - 586 inmates
(0,87%)
RELEASED FROM
serving of
PUNISHMENT with
probation - 51,4
77%)
thousand (
Avoid from the
punishment serving
524 inmates
2,9%
PROBATION
CANCELED – 1105
inmates
1,2%

12. STATISTICS (01.01.2017)

Probation Department, MoJ, Ukraine
STATISTICS (01.01.2017)
PROBATIONERS
TURNOVER during
175,4
2016 –
thousand
COMMUNITY SERVICE
(community orders) 3,7 thousand(5%)
72
on 1.1.2017 –
thousand, of which:
DEPRIVATION of the
RIGHT to take certain
positions or perform
certain work - 4,6
thousand (6%);
inmates
1,48%
(being on the registry)
PROBATIONERS
NUMBER by evidence
Criminal offences
RELAPSING – 1906
CORRECTIONAL
LABOR - 693 inmates
(1%)
RELEASED FROM
serving of
PUNISHMENT with
probation - 57,9
79%)
thousand (
Avoid from the
punishment serving
641 inmates
2,8%
PROBATION
CANCELED – 1434
inmates
1,4%

13. STATISTICS (01.01.2018)

Probation Department, MoJ, Ukraine
STATISTICS (01.01.2018)
PROBATIONERS
TURNOVER during
177,5
2018 –
thousand
COMMUNITY SERVICE
(community orders) 3,3 thousand(5%)
Criminal offences
RELAPSING – 1993
inmates
1,75%
(being on the registry)
PROBATIONERS
NUMBER by evidence
65
on 01.01.2018 –
thousand, of which:
DEPRIVATION of the
RIGHT to take certain
positions or perform
certain work - 3,5
thousand (5,4%);
CORRECTIONAL
LABOR - 586 inmates
(0,87%)
RELEASED FROM
serving of
PUNISHMENT with
probation - 50
77%)
thousand (
Avoid from the
punishment serving
587 inmates
3,1%
PROBATION
CANCELED – 1210
inmates
1,3%

14. PROBATION – STRUCTURE «before, after»

Till 8th October 2016
After 8th October 2016
Criminal-Executive Inspection Units
Probation Units
(CEI-U)
Regional CEI Divisions in 24 Regional
Departments of the State Penitentiary
Service of Ukraine + 590 CEI-Us
3300 actual staff
(60% uniformed, 40% non-uniformed
specialists)
Inspectors were worked in CEI-Us
(PU)
Regional Probation Offices in 6
Interregional Departments on Enforcement
of Sentences and Probation + 498 PUs
16 Probation Centres were planed to be
established in large cities
14 Juvenile Probation Sectors were planed
to be established in large cities
3942 staff positions
(70% state servants; 30% staff on
agreements)
Such types of staff will be recruited to PUs:
1) Probation Inspectors
2) Social workers
3) Psychologists

15. PROBATION – CHALLENGES

• Elaboration and introduction of the regulations for probation staff
• Probation staff educating (including Online IT-correspondence staff training
system)
• Cooperation System Introduction between probation units, courts, prosecutors,
police, health care, education, social patronage entities and local self-government
authorities
• Probation Effectiveness Monitoring Tools and Quality of Staff Work Assessment
System elaboration and introduction
• Probation Communication Concept Paper introduction (PCCP)
• Probation Programs introduction and related staff training
• State Registry Database and Probationers Case-management System Soft
development and introduction
• Law amendments drafting to make sure that probation is applied to conditionally
released (parole) prisoners
• Electronic Monitoring introduction in probation
• Modern Probation Offices establishing
• Statistics System Introduction on Council of Europe Standards SPACE II

16. PROGRESS OVERVIEW: PROBATION BRIEFLY

Probation Centers: equipped 9 Youth Probation Centers, 2 Adult Probation
Centers (assistance of the Canadian government);
Unique international experience: pre-trial reports, methodology of the risks
and needs of committing a repeated criminal offense assesment;
Three probation programs are elaborated ;
TOR prepared “The Unified State Register of Convicted Offenders and Persons
in Custody” (probation part);
Three training programs for the staff are introduced, (2759 trained since June
2015, including 1066 trained in 2017);
The team of the trainers built from out of the probation unit managers with the
most experience in effective management;
Discussion Platforms created for judges, prosecutors and probation officers on
the practical aspects of pre-trial reports in Kropyvnytskyi, Lutsk, Poltava and
Cherkasy;
The Basic Principles of Communication Policy in Probation are approved, a
vertical pipeline of probation press-officers was created(47 officials);
Informational leaflets on the role and advantages of probation were developed
Developed the KPI-based system of evaluation the functionality of probation
(40,26% in March– 61,31% in January 2018)

17. SOCIAL COMMUNICATION

Probation Department, MoJ, Ukraine
SOCIAL COMMUNICATION
“Tell about yourself, involve others, promote you image”
RESALTS:
1. Identification of probation itself
(logo, visit cards, informational posters on probation to set on the informational
boards in the premises and Web-sites of the Courts, Police, Migration Service, Free Legal Aid Providing System, self-government
authorities, Labor Centers, Prisons and Remand Institutions, NGOs…)
2. Probation Communication Concept Paper (PCCP) (adopted on 28th Dec 2017, to establish coop with
self-government, local authorities, courts, NGOs, volunteers…)
3. The Staff “Pyramid” with mass-media cooperation (done, 47 officials are entitled with such duties)
4. Posters on the benefits of probation (drafted and sent on the “land”)
5. Facebook ”Probation in Ukraine” (is lunched in Feb 2017 + six regional FB pages)
6. Flash articles “benefits of probation” in local newspapers (two flashes are done, 1,6 mill.
circulation, 3.8 mill. population covering)
7. Free Legal Aid Providing System Coop (established, is needed to enhance)
8. Wikipedia “Probation of Ukraine” (lunched on 28th Apr 2017)
8. Informational space monitoring (to react onto the arising problems in probation)
TASKS:
1. Web-Page on Probation to lunch (layout is elaborated, domain name and hosting are not set out)
2. Social and flash video on the benefits of probation (are needed)

18. PROBATION – STAFF TRAINING

Training courses are being carried out on the basis of the Staff
Professional Training Centre of the Criminal Executive Service of
Ukraine (since 2015)
Two 12-days “Skills Developments
Training Programs” (84 educational
hours) on adult and juvenile
probationers
Programs Drafting was assisted by
Canadian and EU experts
30-days “Initial Training Program”
(164 educational hours). It is
consisted from the 3-weeks Entering
Session, 3-weeks Guided Internship
and 1-week Tests Session. Specialised
modules are for: lawyers, social
workers and psychologists
Online IT-correspondence staff training system is developed in March
2017, piloting is being started in Dec 2017
2690 trained since June 2015 (1000 trained in 2017)

19. STRATEGY TASKS OF PROBATION DEVELOPMENT

Probation Department, MoJ, Ukraine
STRATEGY TASKS OF PROBATION DEVELOPMENT
TILL 2020
1. Probation is to be applied to conditionally released (parole) prisoners (risk
assessment exactly is to be developed and implemented, psychologists capacity
support) - penitentiary probation
2. State Registry Database and Probationers Case-management System
Software is developed and introduced
3. Electronic Monitoring introduction in probation (law - 2018, piloting - 2019)
4. Probation Programs are to be elaborated and introduced (staff is trained)
5. The unique State Facility “Probation Center” is established and provided with
remedies needed (in Kyiv)
6. Effective Probation Units (PUs) Network is to be established (model offices)
7. Model of cooperation with the self-governmental authorities, local
governmental entities and volunteers is established
8. The list of services for Probationers is extended on the level of local selfgovernmental authorities (PUs probation resources)
9. The dialog with the courts, prosecutors, Centers for Legal Aid Provision is
being developed
10. The Probation staff education is being enhanced
11. Social Communications Strategy realisation is being implemented

20.

Probation Department, MoJ, Ukraine
SEVEN KEY INTERNATIONAL PARTNERS
EU: 3 year project "Support to Justice Sector Reforms in Ukraine" till the end of the
2017, 3 year project "PRAVO" till 2020 (legal framework, probation instruments, staff training programs)
NORWAY: cooperation Agreement with the Ministry of Justice and Public Security of
Norway, NORLAU Mission in Ukraine (Embassy of Norway) (advisory support for the probation development
since October 2016, model Probation Centers in Kharkiv and Bila Tserkva)
CANADA: project “The Juvenile Justice Reform Project in Ukraine” та EDGE (launched 9 Youth
Probation Centers: Dnipro, Zhytomyr, Kiev, Lviv, Nikolaev, Mariupol, Melitopol, Odesa and Kharkiv, probation instruments for working with minors)
NETHERLAND: launch of the project till 2021 року (the emphasis on the development of pre-trial probation and
penitentiary probation)
CoE: 4 year project "Further support for penitentiary reform in Ukraine " till the end
of 2018 (Improvement of approaches to working with convicted prisoners in preparation for dismissal)
Penal
Board,
Board
of
Directors
of
Prisons
and
Probation,
SOURCE OF STANDARDS – CoE resolutions on probation and alternative sanctions
USAID: project “Serving Life” till September 2022
(creation of 12 Centers at probation offices for counseling people with
HIV, TB and HCV who are released from penitentiary institutions
UNODC: Strategic Partnership and Programmatic Actions (SPPA) in Eastern Europe
2017-2020 (development and introduction of the improved rehabilitation programmes for inmates in prisons in part of penitentiary probation)

21. STRATEGY PLANNING:

Probation Department, MoJ, Ukraine
STRATEGY PLANNING:
18
tasks are foreseen in Strategic Documents
STRATEGIC MoJ ACTION PLAN till 2020
Presented on the MoJ Collegium on 17th Feb 2017 (3 tasks)
Medium term GOVERNMENTAL ACTION PLAN Priorities till 2020 (4 tasks)
PRESIDENTIAL STRATEGY for reforming the judiciary structure, the judiciary proceedings and
related legal institutions for 2015-2020 (6 tasks) (President Decree №276-20.05.2015)
NATIONAL STRATEGY on human rights (1 task) (President Decree № 501-25.08.2015)
ANNUAL NATIONAL PROGRAM OF NATO-UKRAINE COOPERATION FOR 2018
(President Decree № 103-08.04.2017) (4 tasks)
EU-UA AGREMENT ON ASSOSIATION: art. 4, 6, 14

22.

MoJ Ukraine, Probation Department
Probation Effectiveness Monitoring Office (PEMO)
Head
Vlad KLYSHA
+38 044 2073436, +38 093 750 17 64, [email protected]
23 January, 2018, Kyiv, MATRA
MoJ Ukraine, Probation Department,
Head
Oleg IANCHUK
+ 38 044 4810568, [email protected]