СРАВНИТЕЛЬНО-ПРАВОВОЙ АНАЛИЗ ИНСТИТУТА МЕДИАЦИИ ПО УГОЛОВНОПРОЦЕССУАЛЬНОМУ ЗАКОНОДАТЕЛЬСТВУ РЕСПУБЛИКИ КАЗАХСТАН, США И ВЕЛИКОБРИТАНИИ

Abstract

This article focuses on a comparative legal analysis of one of the alternative dispute resolution methods – mediation – in the criminal procedure legislation of the Republic of Kazakhstan, the USA and Great Britain, considering various programs and projects on mediation used in the USA and Great Britain, in order to apply the experience of the above mentioned countries to improve the mediation institution and reduce the level of recidivism in the Republic of Kazakhstan. The authors made the conclusion that the proper use of mediation in the criminal procedure contributes to a more active involvement of victims in the process of restoring their rights and freedoms, which were violated by the offenders. An increasing number of crime victims prefer to meet face to face with their offenders in order to inform how the crime has affected their lives, get answers to many unresolved questions and take a direct part in bringing offenders to justice for the harm caused. A victim and offender mediation is a viable alternative to traditional punitive measures to meet the victims` needs. The main advantage of mediation in criminal proceedings for the victim is that he or she can ask the offender all the questions that could not have been answered during the trial. In addition, participation in mediation between the victim and the offender can help humanize the latter and prevent future offenses. In addition, the authors conclude that it is necessary to amend the Law of the Republic of Kazakhstan “On Mediation” regarding compensated damage to the victim by a person who has committed a criminal offense, and also propose to amend this Law regarding the mechanism for implementing the mediation institution, establishing a state body to control the activities of mediators, and specifying accreditation and disciplinary responsibility of mediators. Key words: mediation, restorative justice, criminal offense, victim, criminal, punishment, recidivism, conciliation procedures, mediator, compensation for damage, court of biys.