在俄罗斯恢复性司法运动二十五周年之际

V. O. Belonosov
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引用次数: 1

摘要

本文考察了恢复性司法在俄罗斯产生和发展的争议时期。将这种国内经验与现代欧洲对恢复性司法及其基本原理的理解进行比较。人们承认,我国在恢复性司法方面有一段有趣的经历,《恢复性司法先驱报》和其他文件都有记载,我们可以为此感到自豪,这要归功于我国30多个地区一群志同道合的人所采取的行动。但也有困难。分析了当局、执法机构和学术界对恢复性司法的态度。2022年4月22日在俄罗斯国立司法大学西北分院刑事诉讼系对刑事诉讼中和解概念的示范法律规定进行了讨论。作为公民社会对犯罪的社会反应,恢复性司法建立在与国家治理根本不同的原则之上。这样的工作需要一种全新的思维和工作方式。结论是俄罗斯的恢复性司法受到了错误的限制。从恢复性司法的本质特征出发,对刑事诉讼调解的法律规制模式进行了评述。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
On the twenty-fifth anniversary of the restorative justice movement in Russia
This article examines the controversial period of emergence and development of restorative justice in Russia. This domestic experience is compared with the modern European understanding of restorative justice and its fundamentals. It is acknowledged that our country has an interesting experience of restorative justice, documented in the Restorative Justice Herald and other documents, which we can be proud of thanks to the actions of a team of like-minded people in more than 30 regions of the country. But there are also difficulties. The attitudes towards restorative justice on the part of the authorities, law enforcement agencies and academia are analyzed. Attention was paid to the discussion of the model legal regulation of the concept of reconciliation in criminal proceedings, which took place on April 22, 2022 at the Department of Criminal Procedure of the North-West Branch of the Russian State University of Justice. As the social response of civil society to crime, restorative justice is based on fundamentally different principles from state governance. Such work requires a fundamentally new way of thinking and working. It is concluded that restorative justice in Russia is wrongly restricted. Comments are made on the model of legal regulation of conciliation in criminal proceedings from the perspective of the essential nature of restorative justice.
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