THE MEDIATION PROCEDURE IN THE FRAMEWORK OF RESTORATIVE JUSTICE IN CANADA AND THE REPUBLIC OF KAZAKHSTAN

Abstract

Mediation is a method of resolving cases involving third parties, usually used in civil law. The use of mediation in criminal law aims to make criminals realize that their criminal act is wrong and to convince victims of the need to restore their rights. Current trends in jurisprudence show a commitment not to punitive and adversarial practices, but to restorative justice in civil cases and nonserious criminal offenses. In general, this approach is driven by several underlying goals. First, the need to reduce the burden on the courts, particularly in cases that do not require lengthy investigations and the trial itself, but which take time to comply with all procedural rules. Secondly, the widespread humanization of spheres of life of citizens requires the expansion of appropriate mechanisms for resolving conflicts between parties. The purpose of this study: to analyze the experience of introduction and use of mediation in the framework of restorative approach to justice in Canada. To conduct a comparative analysis of the history of the emergence of restorative justice in Canada and the Republic of Kazakhstan, as well as to consider the history of prototypes of mediation procedures based on Kazakh common law. As a result, to identify the current problems of the operation of mediation procedures in Kazakhstan and to propose our own ways to solve them. According to the results of the study we can conclude that the mediation procedure is a relevant method of restorative justice. Current trends in the development of criminal policy are similar to processes that have already taken place in Western legal history. In general, foreign, and domestic legislators adhere to the same goal in achieving restorative objectives and moving away from punitive and repressive methods. At the same time in Kazakhstan, despite the overall positive effects of the introduction of mediation procedures, as well as restorative justice in general, there are several problems that significantly slow down the development of conciliation procedures in criminal proceedings.