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EvgenPOVZYK,

Assistant Professor, Department of Criminal Procedure and Operational Investigation, Yaroslav the Wise National Law University, Doctor of Law Sciences

CRIMINAL PROCEEDINGS ON THE BASIS OF THE RECONCILIATION AGREEMENT AND THE PROSPECTS FOR THE USE OF MEDIATION IN THE CRIMINAL PROCESS

Abstract: This paper analyzes some issues of conclusion and approval of the reconciliation agreement, legal requirements to its content, participation of a mediator in criminal proceedings and proposed regulatory improvements to the grounds and procedure for the conclusion of the reconciliation agreement and its content.

Analyzed the grounds of the agreement on the volume of crimes. In the paper some features of the agreement in respect of an offence which has several objects of abuse. The analysis of the participants of the reconciliation agreement, namely, participation of interpreter, legal representative (if the transaction party is a minor), defender. Analysed normative sources relating to mediation, the possibility of using mediation in the criminal process, the grounds and procedural arrangements for the participation of a mediator in criminal proceedings, its importance for the resolution of criminal law conflict. The position of the Prosecutor on the conclusion of the reconciliation agreement, its obligation regarding the drawing up of the indictment and features appeal against sentence on the basis of the agreement.

Analyzed time frame of the agreement, the contradictions contained in the law, ways of their elimination normative, proposals to expand the time frames of the agreement at the stage of execution of punishment.

Were investigated legislative requirements to the contents of the reconciliation agreement. Considered the issues of legal qualification, amount of damage from a crime, the period of reparation, redress after approval of the agreement by the court, of guarantees of the rights of the victim in the case of non-harm and features of the sentence cancellation at the request of the victim.

Analyzed the consequences of conclusion and approval of agreements that must be specified in the agreement, given the proposals to improve this procedure. Researched direct and indirect impact of the approval of the agreement by the court, their importance to procedural agreements in foreign countries.

Key words: agreement, conciliation agreement, the mediator, the parties to the agreement, summary proceedings.

References

Information Letter of the High Specialized Court of Ukraine on Civil and Criminal Cases of November 15, 2012 “On Some Issues of Criminal Proceedings Based on Agreements”. AFU: Off. website. URL: http://zakon4.rada.gov.ua/laws/show/v1679740-12. [ukr.]

On Supplement to the Information Letter of the High Specialized Court of Ukraine on Civil and Criminal Cases of November 15, 2012 No 223-1679 / 0 / 4-12: Information Letter of the High Specialized Court of Ukraine on Civil and Criminal Cases of 05/04/2013 AFU: Off. website. URL: http://zakon5.rada.gov.ua/laws/show/v0223740-13. [ukr.]

Generalization of case law on criminal proceedings based on agreements of January 22, 2014 URL: http://sc.gov.ua/en/uzagalnennja_sudovoji_praktiki.html. [ukr.]

Padilla v. Kentucky is a historic decision of the US Supreme Court. URL: http://www.usbusinesslawblog.com/?p=165. [engl.]

Ordzhonikidzevsky District Court of Kharkiv dated February 03, 2016 in Case No. 1-кп / 644/195/16. URL: http://www.reyestr.court.gov.ua. [ukr.]