Mediation Programs Used For Probation In Common Law Countries

Abstract

The article presents the results of a study of the institution of probation in the countries of common law, as well as mediation as one of the elements of restorative justice and a way to work with a person found guilty by a court, but in respect of which the punishment is replaced by probation. The peculiarities of the establishment and development of the probation institution in the countries of common law, the peculiarities of the application of this method of influence on persons guilty of committing crimes and the types of crimes that involve the use of probation to convicted persons are considered. The study of the peculiarities of the probation process itself, the analysis of scientific sources and statistical materials allow concluding that the participation of convicted persons in restorative justice programs and the ability of such programs to build social functioning skills. The orders of the highest executive body of state power can serve as legal prerequisites for legislative consolidation of the institution of probation (as well as some elements of restorative justice) in the Russian Federation, due to the fact that they have the force of mandatory execution in the Russian Federation and approve the concepts of socio-economic development and the development of the penal system of the Russian Federation and networks of mediation services. These acts presuppose subsequent legislative regulation of the various elements of restorative justice in criminal proceedings in the Russian Federation.