Problems of implementation of the mediation procedure in the criminal process of the Russian Federation

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Purpose: Analysis of the problems of using alternative dispute resolution methods such as mediation in Russian criminal proceedings, as well as the place of mediation in the criminal procedure system of the Russian Federation. Methodology: Used in the article comparative-legal and formal-logical methods of research. Results: The article substantiates the inexpediency and impossibility of introducing mediation procedures in the criminal proceedings of the Russian Federation at this stage of development. A comparative legal analysis of the Institute of mediation with the institutions of exemption from criminal liability established in the criminal code of the Russian Federation is carried out. A critical analysis of the data is given. Novelty/originality/value: The possibility of introducing such an alternative method of conducting criminal proceedings as mediation is widely discussed in the scientific literature: there are both supporters and opponents of the new institution. In February 2020, the presidential Council for the development of civil society and human rights discussed the submission of a draft law that expands the possibilities of mediation in criminal proceedings, in light of which the relevance of the study increases.

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Criminal law, criminal procedure, criminal matter, the procedure of reconciliation of the parties, the mediation process

Короткий адрес: https://sciup.org/140250460

IDR: 140250460

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