ДІАЛЕКТИКА РОЗВИТКУ ВІДНОВНОГО ПРАВОСУДДЯ

Abstract

The article analyzes the dialectics of the development of restorative justice, its essence, significance and consequences for the participants. The advantages of restorative justice over the traditional approach are shown. The most common types of restorative justice and its application in Ukraine are mentioned. The conducted research made it possible to draw conclusions: 1. The traditional system of punishments does not give the expected result in terms of correction of the convict, compensation of damage to the victim and prevention of recidivism of criminal offenses. 2. Restorative justice can solve many more problems than traditional justice. In particular, restoration of the condition of the injured persons, for whom only material or moral compensation in the monetary equivalent is often not enough. The application of restorative justice makes it possible to understand the reasons for committing a criminal offense against them, to hear an apology, to feel safe again and not to be afraid to continue living in society, to receive emotional healing. Also, for the offender, the opportunity to hear the state and emotions of the victim is very important, which in the future performs a preventive function regarding the commission of new criminal offenses. In addition, restorative justice focuses its attention not on the offender and his punishment, but on rehabilitation, which positively affects all participants in the process. 3. Restorative justice is characterized by the fact that it is focused on the victim, is voluntary, expands the possibilities of compensation for damage, elimination of losses, reconciliation between the offender and the victim, provides an opportunity to withdraw the minor from the criminal process and can become a mitigating circumstance. 4. There are various types of restorative justice, which have long been used in foreign countries and have begun to be actively implemented in Ukraine, in particular, in the field of juvenile justice, mediation is provided for juvenile offenders who have committed criminal misdemeanors and minor crimes for the first time. However, an important next step should be to amend the Criminal Procedure Code of Ukraine regarding the possibility of applying restorative justice in Ukraine. In addition, it is necessary to expand the possibility of conducting mediation for juvenile offenders who have committed more serious crimes.