Journal article Open Access
Anna V. Lupyr
This article analyzes the current state of legislation in the sphere of mediation application and separate procedural norms related to this issue. The author raises questions about the preconditions and prospects for the implementation of mediation in the criminal procedural law of Ukraine. Taking into account the Strategy for the Reform of the Judicial System, Judiciary and Related Legal Institutes for 2015-2020, approved by the Decree of the President of Ukraine dated May 20, 2015, No. 276/2015, proposals are made for the adoption of the Law of Ukraine "On Mediation" and the consolidation of the procedural status of a professional mediator. An overview of key terms and stages of mediation in the criminal proceedings of Ukraine is provided. The decision regarding the possibility and feasibility of a mediation procedure should be taken, in the first place, based on the wishes of the suspect or accused to reconcile with the victim, to compensate for the harm done or to eliminate the damage caused, to try to normalize the relations with the victim and the victim's ability to forgive the suspect or the accused and restore relationships. The article identifies the following mediation models: private (extrajudicial) mediation, characterized by complete independence from the trial process by the court; judicious mediation, which is characterized by some coordination with the court process, but separating the procedure of mediation from the court as an institution; mediation within the court process, for which there is a local and personal connection with the court and actions, which are realized within the limits of consideration of a case by a court. Taking into the account positive and negative sides of each of the models, the author suggests a possible choice of mediation model. Complex conclusions are made about the factors on which the success of the mediation procedure depends. Attention is focused on the fact that the effectiveness of mediation largely depends on the role of a mediator, who only contributes to the parties' satisfaction of their own interests and helps the parties to come to a mutually beneficial solution to the case. Also, the successful foreign experience and positive aspects of the application of the procedure for mediation in criminal proceedings are highlighted in the article.