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AnastasiaKOVALCHUK,

graduate student of the Department of Justice, Taras Shevchenko National University of Kyiv

FEATURES OF THE CRIMINAL PROCEDURAL REGULATION OF THE INSTITUTION OF RECONCILIATION IN THE TERRITORY OF FOREIGN COUNTRIES

Based on the study of legislation in England, Germany and Georgia, the main characteristics that reveal the direction and trends of the institution of reconciliation are highlighted. The provisions in the article allow comparing the mechanisms for reaching a compromise on the territory of different states and identifying the distinctive features that contribute to improving the level of efficiency of reconciliation.

The analysis of the criminal procedural legislation of European countries allowed to distinguish between the national system of achieving a compromise and the system of other states. Such a study will allow to identify qualitatively new differences, on the basis of which it is possible to identify the gaps that exist in the Ukrainian system of criminal procedural law and, based on the experience of these countries, to improve the domestic reconciliation system.

The experience of the states is extremely useful and interesting in the context of differences from the national system of achieving reconciliation. In particular, on the basis of the above research, such types of improvement as the compulsory conciliation procedure are possible; involvement of the mediator in the process; increased level of supervision of the prosecutor in order to avoid abuse; prospect of reconciliation with state authorities; passing a compulsory course of study aimed at changing attitudes and behavior, and so on. The above suggestions make it possible to improve the system of achieving reconciliation on the basis of the experience of different countries of the world.

Key words: reconciliation, mechanism for achieving a compromise, restorative justice, exemption from criminal liability.

References

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Litvyak V. V. Models of mediation in criminal proceedings: a comparative legal analysis. Scientific Notes of the International Humanities University: Collection. Odessa: International Humanities University, 2014. Vol. 22. Part II. S.340. Types of Restorative Justice in England and Wales. The Crown Prosecution Service. 2017. URL: https://www.cps.gov.uk/ legal-guidance / restorative-justice.[engl.]

Types of Restorative Justice in England and Wales. The Crown Prosecution Service. 2017. URL: https://www.cps.gov.uk/legal-guidance/restorative-justice. [engl.]

Landesjustizverwaltung. URL: https://de.wikipedia.org/wiki/Landesjustizverwaltung.[deu.]

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Code of Criminal Procedure of the Republic of Belarus 16 July 1999 No. 295-Z. URL: http://kodeksy.by/ugolovno-processualnyy-kodeks.[bel.]

The Criminal Procedure Code of Georgia of 09.10.2009. URL: http://www.matsne.gov.ge.[georgian]