Mediation in the criminal process of Ukraine: prospects for legislation

Abstract

The scientific article is devoted to the analysis of the mediation process as an attempt to reach a voluntary understanding (reconciliation) between the victim and the offender to compensate for material and moral damage through impartial, prepared for resolution of the conflict between the person and the mediator. The paper examines the concept of "mediation", the need for its introduction in national legislation, as well as the advantages and disadvantages of this procedure, which are observed in the experience of foreign countries. The international legal acts containing norms on mediation, the current criminal procedural legislation of Ukraine, the draft law "On mediation" are analyzed. The views of scholars and judges on the feasibility of legislative regulation of mediation in Ukraine have been studied. The norms of the Criminal Procedure Code regarding the conciliation agreement are analyzed and certain changes to the mentioned provisions are proposed, in particular, the separation of such a subject of conflict resolution as a mediator. Conclusions and proposals aimed at improving criminal procedural legislation have been formulated. Attention is drawn to the fact that the basic principles of mediation, the scope of its application, the range of criminal proceedings in which mediation is possible, the requirements for mediators and the conditions for acquiring the status of a mediator, the legal status of a mediator are required. Moreover, they proposed their own views on enshrining certain provisions related to mediation in the legislation for the effective operation of the mediation institution. Because it is no coincidence that mediation as an alternative way of resolving disputes is developed in international practice and it is justified that the European community pays considerable attention to mediation as an alternative way of resolving disputes in various spheres of society.