Mediation in criminal proceedings in Ukraine as a form of r estorative justice

Abstract

The article is devoted to the analysis of mediation in criminal proceedings as a form of restorative justice in Ukraine. It is determined that restorative justice is a process in which participants have the opportunity to resolve their criminal legal conflict on their own and make a decision that will satisfy their interests. The author defines mediation as an out-of-court voluntary, confidential, structured procedure for resolving a criminal legal conflict through negotiations between the victim and the offender with the participation of a neutral mediator – a mediator with the aim of reconciliation and reaching an agreement on a mutually acceptable solution to eliminate the consequences of a criminal offense and/or compensation for damage and prevent future offenses. The author analyzes the experience of foreign countries in implementing mediation and restorative justice. It is determined that the integration of mediation in criminal proceedings into Ukrainian justice is based on the positive experience of such countries as the USA, Finland, Germany, Poland, Australia and others. It is established that over the past two decades, Ukraine has gone from developing many draft laws to adopting the Law of Ukraine “On Mediation” № 1875–IX on November 16, 2021. It is concluded that mediation is not a part of criminal proceedings, but has its own flexible procedure based on its own principles and aimed at achieving the objectives of mediation. It is determined that there are two procedures for conducting and taking into account the results of mediation in criminal proceedings: based on the provisions of the Criminal Code of Ukraine and the Code of Criminal Procedure of Ukraine. Depending on which of the options is chosen, mediation will have a corresponding impact on the course and outcome of criminal proceedings.