Abstract
As a general rule, punishment should be necessary and sufficient to correct the person and re-educate him. At the same time, a punitive approach prevails in the criminal process in Ukraine. For criminal law, the introduction of the mediation institution determines the development of the legal institution of reconciliation. The article aims to characterize the essence of mediation in Ukraine and study foreign countries' best practices in this field. The object of the study is public relations in the field of mediation in the case of a minor committing a criminal offense or a felony for the first time. The subject of the study is mediation as an alternative to court proceedings in the case of a juvenile committing a criminal offense or a felony for the first time. The authors used some methods of scientific knowledge: analytical, phenomenological, generalization, comparative law. Particular attention in the study is paid to the analysis of the essence of punishment, the study of international experience in the use of mediation, and the practice of mediation in criminal proceedings in Ukraine, which currently takes place only as part of an experiment. The authors conclude that it is essential and urgent to use the mediation procedure more widely in criminal proceedings as an alternative to litigation. It is emphasized that the full implementation of this institution requires political will and broad support from civil society. Namely, his readiness to resolve disputes without a court, but only with the help of a mediator.
Highlights
As a general rule, punishment should be necessary and sufficient to correct the person and re-educate him
A punitive approach prevails in the criminal process in Ukraine
In the study we studied the essence of punishment in the criminal law of Ukraine, international experience in the use of mediation, the procedure for using mediation in Ukraine /
Summary
Punishment should be necessary and sufficient to correct the person and re-educate him. A punitive approach prevails in the criminal process in Ukraine. A child who steals something for the first time due to difficult life circumstances can be imprisoned for three years. According to the Prosecutor General's Office, in 70% of cases, a juvenile offender detained for more than one year is re-imprisoned. An alternative way of resolving conflicts with the participation of both adults and minors is actively used abroad - mediation (restorative justice). The scope of mediation is determined by its social purpose. Mediation is known in civil law (Retnaningrum, 2018)
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