Nagornyuk-Danyliuk O. Mediation in criminal proceedings against minors in the criminal process of Ukraine

Українська версія

Thesis for the degree of Doctor of Philosophy (PhD)

State registration number

0822U100240

Applicant for

Specialization

  • 081 - Право. Право

21-12-2021

Specialized Academic Board

ДФ 26.007.107

National Academy of Internal Affairs

Essay

The thesis is devoted to the research of theoretical, normative-legal and organizational bases of application of mediation in criminal proceedings against minors. The genesis and legal preconditions for the implementation of restorative justice for juveniles in Ukraine have been determined. The existing doctrinal approaches to the definition of mediation are analyzed and our own approach to the definition of this concept is proposed. The current state of criminal law support of mediation in criminal proceedings against minors is described. Based on the analysis of legal provisions and research of literature sources, it is established that the need to study the introduction of mediation in criminal proceedings against minors in the criminal process of Ukraine is due to harmonization of Ukrainian legislation with international standards of protection of children's rights and restorative justice in Ukraine. The concepts, principles and role of mediation in criminal proceedings against minors in the criminal process of Ukraine are highlighted. In accordance with the theoretical provisions, court practice and practical experience, certain recommendations and conclusions which are characterized by scientific novelty have been formulated.

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