Yashchenko A. Reconciliation with the victim in the mechanism of criminal - legal regulation

In the dissertation the problem of criminal - legal regulation of reconciliation with the victim is examined. The origin of reconciliation as a way of criminal - legal conflicts settlement is studied. The concept of reconciliation and its subjective composition is defined. As a result of the research of the criminal - legal nature of reconciliation with the victim it is established, that in Ukrainian criminal law the functional institute of reconciliation is formed. It works with subject institutes, such as the discharge of criminal responsibility, punishment setting, discharge of punishment or sentence serving in the process of criminal - legal regulation. The main function of this institute is restorative which consists in balancing the interests of the person who has committed a criminal act, the victim and the society violated in the result of the criminal act . The review of criminal - legal rules fixing reconciliation in the legislation of some foreign countries, including former USSR is conducted in the work. The question of reconciliation role in the discharge of criminal responsibility, punishment setting, discharge of punishment or sentence serving is considered. On the basis of the conducted research a number of theoretical conclusions is formulated and some offers on the improvement of criminal - legal regulation of reconciliation with the victim are submitted.