Some Issues of Assessing (Determining) Individual Need of Persons in respect of Whom Executive and Post-Penitentiary Probation is Applied
Babayan S.L., Ustinov A.A. Some issues of assessing (determining) individual need of persons in respect of whom executive and post-penitentiary probation is applied. Penitentiary Science, 2025, vol. 19, no. 3 (71), pp. 312–319. doi 10.46741/2686-9764.2025.71.3.010.
the initial stage of probation presupposes determination (assessment) of individual needs of a person who has applied for assistance in re-socialization, social adaptation and social rehabilitation, in order to identify whether he/she has a difficult life situation and identify specific measures to overcome it. The article discusses problematic issues of determining (evaluating) need criteria for persons who have applied for assistance in the framework of executive and postpenitentiary probation, and suggests ways to solve them. Purpose: based on the analysis of the regulatory framework and empirical data of the penal system, to identify problems that arise in the activities of penitentiary institutions when assessing individual need of persons in respect of whom probation is applied, and to propose ways to solve them. Methods: formal legal, empirical methods of description and interpretation, theoretical methods of formal and dialectical logic. Results: the analysis of the regulatory framework governing probation and the empirical information on the assessment of individual need of persons to whom probation is applied provided by the bodies of the penal system, shows certain legal and organizational problems in the implementation of this activity. In particular, it seems necessary to clarify the definition of a difficult life situation, the criteria of individual need, and the algorithm of actions of an employee of the penitentiary inspectorate to assess (determine) the individual need of a person who has applied for assistance in re-socialization, social rehabilitation, and adaptation. Conclusions: in order to solve these problems, it is necessary to legislatively clarify a difficult life situation, the criteria of individual need by referring to other normative acts, and developing an algorithm for the actions of an employee of the penitentiary inspectorate to assess (determine) the individual need of a person who has applied for assistance in re-socialization, social rehabilitation, and social adaptation. An approximate scheme of actions in the adaptation under consideration is developed.
Keywords: execution of punishment; probation; penal system; convict, individual need; difficult life situation.
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