INTERNATIONAL APPROACHES TO MEDIATION IN CRIMINAL PROCEEDINGS: COMPARATIVE LEGAL ANALYSIS AND PROSPECTS FOR IMPLEMENTATION IN UKRAINE

Abstract

The article examines international approaches to the use of mediation in criminal proceedings with an emphasis on the comparative legal analysis of models operating in the European Union, Canada, the USA, Norway and Australia. The author analyzes the legal framework, institutional mechanisms, procedural status of a mediation agreement, and the role of the injured party in restorative justice procedures. The author draws conclusions about the effectiveness of mediation as an alternative tool for resolving criminal law conflicts, in particular in cases of juveniles and minor crimes.The author determines the relevance of introducing criminal mediation in Ukraine, taking into account the challenges associated with martial law, the need to humanize justice and the adaptation of the legal system to European standards. Based on the comparative analysis, the author develops proposals for the regulatory implementation of mediation in the national criminal legislation of Ukraine.The author concludes that successful implementation of international experience is possible only with a systematic approach: updating legislation (in particular, Code of Criminal Procedure of Ukraine), developing national mediation institutions, introducing training programs for qualified mediators, and establishing intersectoral cooperation between courts, prosecutors, the bar, police, and NGOs. It is also important to introduce mechanisms for monitoring the results of mediation, studying its impact on recidivism, the level of satisfaction of participants in the process, and the efficiency of the legal system’s costs.Mediation in criminal proceedings should not be considered as an optional alternative, but as an organic component of modern, humane and effective justice. Further research should focus on empirical analysis of national practice, development of models for adapting the best foreign solutions to Ukrainian realities, and substantiation of legislative initiatives in the field of criminal justice that will comply with the principles of the rule of law, human rights protection and restoration of justice.The article examines international approaches to the use of mediation in criminal proceedings with an emphasis on the comparative legal analysis of models operating in the European Union, Canada, the USA, Norway and Australia. The author analyzes the legal framework, institutional mechanisms, procedural status of a mediation agreement, and the role of the injured party in restorative justice procedures. The author draws conclusions about the effectiveness of mediation as an alternative tool for resolving criminal law conflicts, in particular in cases of juveniles and minor crimes.The author determines the relevance of introducing criminal mediation in Ukraine, taking into account the challenges associated with martial law, the need to humanize justice and the adaptation of the legal system to European standards. Based on the comparative analysis, the author develops proposals for the regulatory implementation of mediation in the national criminal legislation of Ukraine.The author concludes that successful implementation of international experience is possible only with a systematic approach: updating legislation (in particular, Code of Criminal Procedure of Ukraine), developing national mediation institutions, introducing training programs for qualified mediators, and establishing intersectoral cooperation between courts, prosecutors, the bar, police, and NGOs. It is also important to introduce mechanisms for monitoring the results of mediation, studying its impact on recidivism, the level of satisfaction of participants in the process, and the efficiency of the legal system’s costs.Mediation in criminal proceedings should not be considered as an optional alternative, but as an organic component of modern, humane and effective justice. Further research should focus on empirical analysis of national practice, development of models for adapting the best foreign solutions to Ukrainian realities, and substantiation of legislative initiatives in the field of criminal justice that will comply with the principles of the rule of law, human rights protection and restoration of justice.