Probabilistic Model of Implementing Mediation into Russia’s Criminal Procedure in the Conditions of Society’s Digital Transformation

Purpose: The goal of research consists in forecasting the model of possible introduction of the mediation institution into Russian criminal process taking into account the development of the criminal process in an age of the digital transformation of society. The mediation in the criminal process is not regulated at present, but is used in practice. The authors of the research proceed from the assumption that the digitalization of the criminal process is inevitable. Amendments and additions that are predetermined by the digital transformation of society and are formulated by processualistys and proposed to be introduced into the Criminal Procedure Code, will materialise in the foreseeable future, and in this regard it is advisable to combine such innovations with the legislative regulation of mediation. Design/Methodology/Approach: The authors made an attempt of probabilistic forecasting of the introduction of mediation into the criminal procedure legislation. In addition to the above, a combination of common (such as communication and description), general scientific (in particular, dialectical method, logical method, system analysis method), and special methods (formally logical method and comparative legal method) was used. Findings: As a result of this research, the authors came to the conclusion about the expediency of legislative consolidation of the mediation in the criminal process with the simultaneous regulation of the mediator status as a party to the criminal process; the possibility of the communication of the mediator with other participants through modern means of communication and digital technologies; the possibility of use and creation of electronic documents by the mediator; the possibility of the use of video conferencing in the implementation of mediation programs. Originality/Value: The novel nature of this research is defined by the lack of research papers on the selected topic. Processualists have long been studying mediation in the criminal process using, in particular, comparative methods. Today, research on digitalization of the criminal process is of absolute relevance. An attempt was made in this research to forecast the model of the criminal process in Russia in an age of the digital transformation of society, in which mediation will take the place of an independent institution. © 2020, Springer Nature Switzerland AG.

129 LNNS
  • 1 RUDN University, Moscow, Russian Federation
Conciliation of parties; Criminal process; Digital transformation; Mediation; Restorative justice
Date of creation
Date of change
Short link

Other records