MEDIATION IN CRIMINAL PROCEEDINGS AS A SPECIAL MECHANISM FOR CONFLICT RESOLUTION

Abstract

In modern Kazakhstan judicial proceedings of civil and criminal cases is the primary mode of protecting constitutional rights and freedom. These days conflicting parties are becoming increasingly interested in settling disputes on a mutually advantageous basis on their own, while exercising control over the procedure and its result. Today, considerable attention has been paid to the problems of conciliation. The importance of the out-of-court settlement of legal disputes has been emphasized for several years by the leaders of the highest organs of State power in Kazakhstan. Also, there is some positive experience in introducing conciliation procedures through a mediator in the legal system of countries. In many developed countries, mediation exists and is used as a specific form of dispute settlement in conjunction with judicial proceedings. However, introducing the best practices of conflict settlement remains little studied in Kazakh jurisprudence. Currently, mediation is becoming an increasing well-know and widespread method of mediation in conflicts. In both civil and criminal cases and material, the resolution of the conflict between the parties through mediation procedures is increasingly finding its application. One of the main goals of mediation is to reduce conflict in society, be achieved through consolation procedures. The mediation procedure is reflected in the basic principle of the criminal process – the adversarial nature and equality of the parties. The suspect, the accused, the defendant can freely deny their quilt or plead guilty, reconcile with the victim, conclude a procedural agreement, an agreement to achieve reconciliation through mediation…