General provisions of the mediation institution in criminal proceedings of european states

Purpose: Russia is interested in active integration into the international legal boundaries and in respect of thereof it is highly important to investigate and take into consideration international norms and standards devoted to restorative justice. The goal of a research is to study international legal references and provisions of the European states' national legislation concerning restorative justice programs, as well as already established practical application of such programs in these countries; to identify positive experience and draw conclusions from the practicability of taking into account certain provisions when mediation will be introduced in Russian sources of criminal procedure law. Design/Methodology/Approach: During the course of the study the authors applied the dialectical method, general scientific methods (such as the method of analysis, the method of synthesis and the method of abstraction), as well as special methods of scientific knowledge (historical-legal and comparative-legal). Findings: As a result of the research authors came to the conclusion that the legislative consolidation of mediation in criminal proceedings would make sense taking into account those thesis conclusions that were formulated in the findings of the research: the advisability of modifications in Russian Criminal Procedure Code and a special law of mediation, which would regulate the mediation in criminal proceedings, establishment of principles and definition of the parties and their legal status; the formation of a management body.

Publisher
Springer
Language
English
Pages
906-913
Status
Published
Volume
200
Year
2021
Organizations
  • 1 RUDN University
  • 2 Main Investigation Department of the Investigative Committee of Russia for the Moscow Region
Keywords
conciliation of the parties; criminal proceeding; European states; mediation; restorative justice
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