Realities of application of the institute of mediation in criminal proceedings in Ukraine

Abstract

The article is devoted to the analysis of procedural norms, which governing the procedure for initiating and concluding an agreementon reconciliation in the criminal process of Ukraine. The Institute of Agreements in the Criminal Procedure of Ukraine has beenused in practice for more than eight years, but it is premature to speak about the full realization and implementation of this institute inthe practical sphere. An analysis of the norms of the CPC of Ukraine indicates the existence of gaps and controversies that arise in theconduct of criminal proceedings on the basis of agreements. Focus on the controversial and conflict points that arise when concludingan agreement on reconciliation in the criminal process.Analyzing theoretical developments, practical recommendations, legislative projects on the implementation of the mediation procedurein Ukraine, international practice of introduction and functioning of the mediation institution, it can be argued that the properpractical implementation of the mediation procedure is relevant and important for criminal procedure law of Ukraine. It will providean opportunity to make more rational and economical use of budget expenditures allocated to the administration of justice and to relievethe burden on law enforcement and the judiciary. However, attention should be paid here to the phrase “proper practical implementationof the mediation procedure in the criminal procedural law of Ukraine.” In fact, the question immediately arises: “How often do the subjectsof criminal procedural law, in today’s conditions, use the services of mediators in criminal proceedings?”We tried to provide an answer to this question in this article and formulated conclusions and proposals aimed at improving thecriminal procedure legislation in this area. All the above indicates that the issue of legislative consolidation of the status of a mediatorin our country, a clear definition of rights and responsibilities, procedural and substantive aspects of the latter remains relevant.