Journal article Open Access

Establishment of Institute of Reconciliation in Criminal Legislation of Ukraine

S.O. Sofiev

The article considers the problems of the establishment and development of the institute of reconciliation in the criminal legislation of Ukraine. The rules and recommendations of international legal acts on this issue have been considered. The concept of contract as a criminal legal category and international experience of conclusion of contracts in criminal proceedings is considered.

The study of the norms of the Criminal Code, the Code of Criminal Procedure and specialized literature on this subject shows that the application of conciliation procedures in criminal legislation corresponds to the world trends that have developed in recent decades. UN recommends the use of informal dispute resolution mechanisms, including mediation, arbitration or local practice, to promote reconciliation and redress for victims (para. 7 of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power).

The EU Council Decision "On the Situation of the Victim in Criminal 14 Proceedings" contains obligations for all EU countries to extend mediation in criminal proceedings and to ensure that any transaction between the victim and the offender reached in the mediation process is accepted.

Since the important task of our State is to join the EU, one of the requirements is to implement and apply European legislation into national legislation. In this section we will consider the concept of transaction in criminal proceedings as a criminal phenomenon, international experience in concluding transactions in criminal proceedings and the formation and development of this institution in Ukraine.

Criminal legislation in Ukraine at the time of Kiev Rus had a pronounced private-claim character. According to the Russian Truth, regardless of what the perpetrator attacked - the person or the property, this act was considered as an "insult." In other words, wrongful conduct (offences) in the terminology of ancient Russian law by analogy was the closest concept of "insult." In the research literature, there are different views on the concept of "crime" in ancient Russian law. Most researchers believed that Russian Truth used the term "offense" to refer to the crime.

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