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Mediation in Criminal Cases as a Form of Realization of the Conception of Restorative Justice

Student: Sergeeva Alina

Supervisor: Sergey Pashin

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2019

The presented work is devoted to the study of mediation in criminal cases as a form of realization of the concept of restorative justice. The object of the research is theoretical and practical issues related to the use of mediation in the criminal process of the Russian Federation and foreign countries. The subject of the research is the provisions of international documents in the field of restorative justice, the norms of criminal and criminal procedure legislation of the Russian Federation, containing prerequisites for the use of mediation in the Russian criminal process, the norms of foreign legislation governing the procedure of mediation in criminal cases, scientific works in the field of restorative justice and mediation forms of its implementation, as well as practical cases of the use of the mediation procedure for resolving criminal offenses in the regions of Russia and foreign countries such as Canada, the United States, England, France, Belgium, Germany. The purpose of the study is to study the mechanism for resolving criminal law conflicts by reconciling the parties using the mediation procedure, studying the effectiveness of the mediation procedure in criminal cases based on international experience and existing Russian practice, developing proposals for improving the criminal and criminal procedure procedures, taking into account the characteristics of the Russian criminal process. legislation of the Russian Federation. Russian experience of using mediation in criminal cases in the regions, as well as the presence in the Russian criminal and criminal procedure laws of the consequences of reconciliation of the victim with the offender in mitigating the harm caused by the crime, as well as general global trends associated with the increasing role of the mediation procedure in the criminal process - all this testifies to the relevance of the topic of mediation as a form of implementation of restorative justice.

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