The institution of reconciliation with the victim in the system of restorative justice: Problems of application and ways to address them

Introduction. The article examines the place of reconciliation with the victim (Article 76 of the Criminal Code of the Russian Federation) within the traditional retributive model of criminal law and the emerging paradigm of restorative justice in Russia, as well as its relationship to the purposes of punishment and to international standards. The study demonstrates that Article 76 of the Criminal Code of the Russian Federation has considerable restorative potential and is in practice implemented through a two-tier model: in cases involving minor and medium-gravity offences, priority is given to the victim’s will, whereas in cases involving grave consequences the public interest predominates. At the same time, systemic problems are revealed, including the indeterminacy of the very definition of “redressing the harm,” the risks of a merely formal and monetised practice of reconciliation, insufficient safeguards for the voluntariness of the victim’s will, the absence of criminal mediation as a distinct procedure, and the lack of a coherent concept of restorative justice. It is argued that the institution of reconciliation with the victim in its current form only partially realises its restorative potential and requires greater normative precision, the institutionalisation of criminal mediation, enhanced protection of victims, and clarification of the criteria for its use in cases involving grave consequences. The paper substantiates the necessity of combining retributive and restorative models of criminal justice, whereby reconciliation becomes not a substitute for punishment but an integrated mechanism for achieving social justice and preventing reoffending.