Mediation in Criminal Process as a Type of Alternative Disputes Solutions

The prerequisites for the introduction of mediation in the criminal process of Ukraine through the prism of international acts are researched in the article. The concept of mediation, its main advantages and disadvantages as a method of restorative justice are presented. On the one hand it’s an effective and progressive method of dispute resolution, that provides economy of criminal repression, proportionality and humanism in criminal procedure. On the other hand, there are scientific views, that criticize mediation because of the contradiction of the inevitability of punishment.

The system of principles of mediation is covered, which are voluntariness, confidentiality, independence and neutrality of the mediator, impartiality of the mediator, self-determination and equality of rights of the parties to mediation. Particular attention is paid to the disclosure of the principle of voluntariness as a basic for this institution. The article draws attention to the criteria of admissibility and restrictions of the use of mediation in different categories of criminal cases.

The term “mediation”, that is fixed in Recommendation No. R (99) 19 of the Committee of Ministers to member States concerning mediation in penal matters, means any process where the victim and the offender are given the opportunity, with their consent, to take an active part, with the help of a neutral third party (mediator), in resolving issues related to the crime, that was committed. 

The work contains an analysis of the current national legislation that regulates the institution of criminal proceedings on the basis of agreements, as well as the project of the Law of Ukraine "About Mediation". The legal status of mediator, his obligations and requierements are clarified.  

Problems of normative regulation and suggestions for its` solution are established. The perspectives of expanding the use of conciliation in criminal proceedings taking into consideration its effectiveness and social orientation are substantiated.

The conclusion is that the implementation of restorative justice is an important step to improve the criminal procedure in Ukraine.