The dissertation is devoted to the study of mediation in the concept of restorative justice, which is increasingly used to resolve criminal conflicts, due to the high level of recidivism, low trust in law enforcement agencies, as well as overcrowding in domestic courts.
It was found that mediation is one of the most common forms of restorative justice, which has proven its effectiveness in resolving criminal conflicts in other countries, beginning its journey in the 70s of the last century, continuing to spread and expand the scope of its application. suggests that the implementation of this procedure for alternative dispute resolution can help overcome the above problems in Ukraine.
In the dissertation the author considers the possibility of introducing mediation in the existing institution of reconciliation of the victim with the suspect or accused, by making appropriate additions to the Criminal Procedure Code of Ukraine.
To develop an understanding of the essence and significance of mediation for the criminal process, a historical review of the emergence and spread of mediation as a way to resolve criminal conflicts, analyzed the concepts and elements of mediation, the state of Ukrainian legislation to apply this procedure, identified some imperfections and procedural possibilities of the parties to mediation.
Some international legal acts related to restorative justice, and in particular, aspects of the use of mediation in criminal proceedings, and their impact on the current state of Ukrainian legislation on the possibility of using alternative ways of resolving criminal disputes are analyzed.
The key elements of mediation were studied and analyzed, as well as the existing doctrinal approaches to its definition in criminal proceedings, which led to the author's interpretation of the concept of "mediation", which is given in the dissertation and its conclusions. Also, attention is paid to the importance of elements of mediation, in the context of its effectiveness and compliance with the restorative approach in resolving criminal law conflict.
The author analyzes the theoretical and practical aspects of the use of mediation as a form of restorative justice, studies the origin and development of mediation, as well as the experience of implementing such a procedure in criminal proceedings in other countries, namely the United States, England, Italy, Poland, Germany and Belgium. The common features of the application of this procedure of alternative dispute resolution were also found, and conclusions were drawn on the application of such experience to the Ukrainian realities.
The dissertation pays special attention to the role of both public organizations and government agencies in the formation and development of mediation in the concept of restorative justice, as well as the gradual expansion of boundaries in determining the mediatability of conflicts. The case law of the application of conciliation agreements is given, which was studied in the context of the possibility of applying the mediation procedure in such cases.
Attention is paid to the possibility of mediation to crimes related to domestic violence, as well as disappointing practices that show the possible consequences for victims of this type of crime as a result of reconciliation.
Emphasis is placed on the fact that restorative justice can complement the criminal model with those qualities that can change the paradigm of perception of crime and response to it, put the interests and needs of people first, with all their experiences, interests and needs. In turn, the punitive model of justice strikes a balance, thanks to the mechanism of protection of public interests, and the use of state coercion, in the event that restorative justice in the form of mediation did not give the expected results.
It was found that mediation in criminal proceedings acts not only as a way to resolve disputes and overcome the negative consequences of conflict, but as additional access to justice and fairness, thanks to a successful combination of criminal and restorative approaches to responding to criminal offenses. The author argues the need to introduce mediation in the criminal process of Ukraine not only to address existing problems in the criminal procedure law, but also a natural requirement of society, formed as a result of legal awareness and social responsibility of citizens, through the influence of more developed countries. practice of such application.
The above topics are studied and analyzed in scientific work, leading to conclusions that, in the author's opinion, will contribute to the successful implementation of such a form of restorative justice as mediation - in the criminal process of Ukraine.
Based on the results of the study, it is proposed to introduce the mediation process in the criminal process of Ukraine with the amendments that were found and outlined in the analysis of current legislation.
