Prosecutor participation in criminal mediation: Legal regulation, challenges, and ways to overcome them
Article Sidebar
Main Article Content
Abstract
The article reveals general theoretical and practical issues of the prosecutor's role in criminal mediation. The author describes scientific and legal approaches to defining the concept of “mediation.” Based on an analysis of current legislation, the author reveals aspects of the prosecutor's participation in restorative justice practices and his role in concluding agreements between the parties. Despite the existing legislation, the author notes a number of legal conflicts and practical problems regarding the role of the prosecutor in criminal mediation. In particular, the author emphasizes the conflict between confidentiality and public interest, as well as the problem of determining the voluntariness of the parties. In addition, the author notes practical obstacles to the implementation of criminal mediation, which stem from cultural characteristics and inadequate information. The novelty of the article lies in the comprehensive recommendations provided by the author for solving the identified problems, in particular, specific legislative changes to the Criminal Procedure Code of Ukraine. The author also emphasizes the need to implement educational programs and practices to inform the public about the benefits of mediation. The general comprehensive recommendations form a coherent concept for improving the effectiveness of the prosecutor's role in domestic restorative justice practices.
Article Details
Section
This work is licensed under a Creative Commons Attribution 4.0 International License.
How to Cite
References
Andrusenko, S.V., & Glovyuk I.V. (2015). Problematic aspects of the prosecutor's participation in legal proceedings based on agreements. Bulletin of Criminal Procedure, 2, 16–22.
Chumak, K. (2016). Concluding a conciliation agreement: grounds, content, parties. Scientific Journal of the National Academy of the Prosecutor's Office of Ukraine, 4, 186–195.
Constitution of Ukraine. (1996). Retrieved from: https://zakon.rada.gov.ua/laws/show/254к/96-вр
Criminal Procedure Code of Ukraine. (2001). Retrieved from: https://zakon.rada.gov.ua/laws/show/2341-14#top
Denisyuk, P. D. (2021). Mediation in criminal proceedings. Scientific Bulletin of the Uzhgorod National University. Series: Law, 64, 308–312.
Dmytrenko, A.A. (2022). Peculiarities of mediation in criminal proceedings in Ukraine. Scientific Bulletin of the Uzhgorod National University. Series: Law, 67, 273–277.
Fomina, T.G. (2022). Mediation in criminal proceedings: novelties of legislation and prospects for its improvement. Law and Safety, 1(84),104–114.
Hrynyuk, V. (2016). Peculiarities of the implementation of the prosecution function in criminal proceedings based on agreements. National Legal Journal: Theory and Practice, 1, 176–180.
Lapkin, A.V. (2011). Participation of the prosecutor in criminal proceedings on the basis of a reconciliation agreement. Theory and Practice of Jurisprudence, 1, 1–12.
Laundra, K. (2022). Restorative justice in Ukraine: understanding practices and challenges. The International Journal of Restorative Justice, 5(2), 263–280.
Law of Ukraine No. 1697-VII “On the prosecutor's office”. (2014). Retrieved from: https://zakon.rada.gov.ua/laws/show/1697-18#Text
Law of Ukraine No. 1875-IX “On mediation”. (2022). Retrieved from: https://zakon.rada.gov.ua/laws/show/1875-20#Text
Mazur, O. (2023). The use of mediation in local self-government bodies of Ukraine. Aspects of Public Administration, 4, 104–111.
Recommendation No. R(99)19 No. 994_828 of the Committee of Ministers of the Council of Europe to member states of the Council interested in organizing mediation in criminal matters. (1999). Retrieved from: https://zakon.rada.gov.ua/laws/show/994_828
Resolution of the Supreme Court of the panel of judges of the First Judicial Chamber of the Criminal Court of Cassation in case No. 756/11661/17 of 2018. Retrieved from: https://protocol.ua/ua/postanova_kks_vp_vid_06_12_2018_roku_u_spravi_756_11661_17/?utm_source=Reshenie_v_Zakon&utm_medium=Reshenie_v_Zakon&utm_campaign=Reshenie_v_Zakon
Sirko, V. S. (2024). Legal challenges in mediation: a review of the most common problems and legal disputes arising in the mediation process. Legal Scientific Electronic Journal, 11, 580–583.
Turman, N. (2018). Procedural and legal aspect of concluding a conciliation agreement in the criminal process of Ukraine. National Legal Journal: Theory and Practice, 31, 132–136.