ЩОДО ПЕРСПЕКТИВНИХ НАПРЯМІВ УПРОВАДЖЕННЯ ВІДНОВНОГО ПРАВОСУДДЯ У КРИМІНАЛЬНЕ ЗАКОНОДАВСТВО УКРАЇНИ

Abstract

Yevdokimova О. On prospective directions of introduction of restorative

justice in the criminal legislation of Ukraine The article examines the implementation of the paradigm of

restorative justice in the criminal legislation of Ukraine. The basicUkraine along with punitive forms of response to criminal offenses, new, socially oriented technologies that can stimulate the offender to positive behavior and also contribute to its resocialization, including for cases of committing a criminal offense in complicity. principles of a compromise method of resolving a criminal conflict are considered. It is noted that the idea of restorative justice appeared in the world in response to the crisis of traditional criminal justice, which is primarily punitive. In this approach, the restoration of disturbed social relations occurs through the use of repressive means, a key role among which is given to punishment, while the interests of the victim recede into the background. Restorative justice focuses on compensating for the consequences caused, eliminating the damage caused, reintegrating the offender into society and enabling all parties to the criminal conflict to participate directly inthe administration of justice. The traditional punitive model increases the negative consequences caused by the offender, in some way contributingto the secondary victimization of the victim. It is mostly addressed to the past and to the identity of the offender. On the contrary, the recovery model focuses on the present and the future, focusing on reducing the victim’s emotional stress and eliminating material damage. The article draws attention to the lack of norms in criminal law that encourage positive post-criminal behavior in the case of committing a criminal offense in complicity. Based on international and positive foreign experience in the application of compromise programs to resolve criminal conflicts, the article substantiates the feasibility of introducing into the criminal law