Mediation and restorative approach in resolving criminal law conflicts
- Authors: Senina E.N.1
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Affiliations:
- Institute of Mediation of the Russian Academy of Advocacy and Notaries
- Issue: Vol 26, No 2 (2022)
- Pages: 464-484
- Section: PROCEDURAL LAW. PROSECUTOR SUPERVISION
- URL: https://journals.rcsi.science/2313-2337/article/view/327104
- DOI: https://doi.org/10.22363/2313-2337-2022-26-2-464-484
- ID: 327104
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Abstract
A number of international legal instruments is highly recommended to upgrade the national system of conflict resolution in the sphere of criminal law with the view of the importance of not only traditional prohibitive, punitive and preventive, but, first of all, restorative tasks. Such modernization, which implies a tran-sition from the strategy of “combating crime” to strategies of “reducing the harm from crime”, requires a combination of methods of “punitive” and “restorative justice” in order to most effectively solve the problems of compensation for the harm caused to the victim and restoring his normal life and disturbed public order, as well as correcting and re-socializing the person who committed the crime in order to avoid repetition of criminal activity. But in order for such a transformation of the paradigm of criminal law policy to be organic and natural rather than artificially implanted, it is necessary that certain socio-political and legal factors that determine the formation and development of mediation and other restorative justice programs in the field of criminal law should develop in the Russian reality. For the first time in Russian science, the article, poses and investigates the problem of socio-legal laws of the concept of restorative justice. The conducted research contributes to identifying and formulating a set of laws characterizing the formation and development of the restorative approach; this allows on the basis of identified patterns to assess the current state of its socio-legal prerequisites in Russia.
About the authors
Elena N. Senina
Institute of Mediation of the Russian Academy of Advocacy and Notaries
Author for correspondence.
Email: eadvocat8@gmail.com
ORCID iD: 0000-0003-0751-8710
Attorney at Law, Chief of Institute of Mediation
3/5 per. Maly. Poluyaroslavsky, Moscow, 105120, Russian FederationReferences
- Andrianov, V. K. (2019) Dialectical regularities and tendencies of development criminal law. Vestnik of far eastern law institute of the Ministry of Internal Affairs of Russia. 2 (47), 29-37. (in Russian)
- Andrianov, V. K. & Pudovochkin, Yu. E. (2019) Regularities of criminal law. Moscow, Yurlitinform Publ. (in Russian).
- Andrianov, V. K. & Pudovochkin, Yu. E. (2020) Regularities and trends in the application of criminal law norms. Gosudarstvo i pravo [State and Law], 11, 97-105. (in Russian).
- Babaev, M.M. & Pudovochkin Yu.E. (2014) Problems of Russian criminal policy: monograph. Moscow, Avenue Publ. (in Russian).
- Babaev, M.M. & Pudovochkin, Yu.E. (2020) Russian criminal policy of the XXI century. Moscow, Yurlitinform Publ. (in Russian).
- Dali, K. & Immarizeon, R. (2021) Past, present and future of restorative justice: some critical reflections. Translated by A. Lapteva. Available at: http://sprc.ru/library [Accessed 4th September 2021]. (in Russian)
- Efremova, N. N. (2011) The Tradition of reconciliation in the History of Customary Law and Russian Legislation (pre-revolutionary period). Gosudarstvo i pravo [State and Law], 7, 84-90. (in Russian)
- Gritsenko, D. I. & Kalugina, E. S. (2007) A Biblical Symphony based on the Books of the Old and New Testaments. Moscow, Dar. (in Russian).
- Harutyunyan, A.A. (2013) Mediation in criminal proceedings. Moscow, Infotropik Media. (in Russian)
- Kapinus, O. S. (2018) Criminalization and decriminalization of acts: finding the optimal balance. Social Sciences and Modernity. 4, 37-46. (in Russian)
- Karnozova, L. M. (2010) Criminal justice and civil society. Experience in paradigm analysis. Moscow, P. Valens Publ. (in Russian)
- Karnozova, L.M. (2019) Monitoring of the activities of territorial reconciliation services for 2018, conducted within the framework of the All-Russian Association of Restorative Mediation. Bulletin of Restorative Justice. 16, 86-148. (in Russian)
- Kelasyev, V. N. & Pervova, I. L. (2014) Self-organization of society and mechanisms of its activation. Bulletin of the Lobachevsky University of Nizhny Novgorod. Series: Social Sciences. 3 (55), 65-73. (in Russian)
- Korobeev, A. I. (2019) Criminal law policy of Russia: from the genesis of ISA to the crisis: a monograph. Moscow, Yurlitinform. (in Russian).
- Maksudov, R. (2005) Restorative justice. Captivity. 4. Available at: http://index.org.ru/nevol/2005-4/maxud_n4.html [Accessed 1th September 2021]. (in Russian).
- Nugent, W. R., Umbreit, M. S., Wiinamaki, L. & Paddock, J. B. (2000) Participation in Victim-Offender Mediation and Re-Offense: Successful Replications? Journal of Research on Social Work Practice. 1, 5-23. (in English)
- Ragimov, I. M. (2016) On the morality of punishment. Saint-Petersburg, publishing house “Legal Center”. (in Russian).
- Repitskaya, A. L. (2018) Current state, structure and trends of Russian crime. Bulletin of Omsk University. Series “Pravo”. 1 (54), 151-156. (in Russian).
- Sidorenko, E. L. (2011) On the status of the victim in Criminal Law. Journal of Russian Law. 4, 77-84. (in Russian).
- Sidorenko, E. L. (2013) Dispositivity as a regime of criminal legal regulation: Diss. … doct. Legal of sciences. Moscow. (in Russian).
- Sorokin, P. (1914) Laws of the development of punishments from the point of view of the psychological theory of L. Petrazhitsky. New Ideas in Jurisprudence: The Evolution of Crimes and Punishment. 3, 113-151. (in Russian)
- Sumachev, A.V. (2006) Dispositivity in criminal law (theoretical and applied analysis). Diss. … doct. Legal of sciences. Yekaterinburg. (in Russian)
- Umbreit, M. (2021) Restorative Justice. Encyclopedia of Crime and Justice. Available at: https://www.encyclopedia.com/social-sciences-and-law/law/law/restorative-justice [Аccessed 2nd September 2021]
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