Peculiarities of a procedural status of a criminal and a victim (a victim of a criminal offense) in the context of the implementation of restorative justice programs (on the example of the USA and France experience)

The article is devoted to the study of peculiarities of a procedural status of a criminal and a victim (a victim of a criminal offense) in the context of the implementation of restorative justice programs, based on the experience of the USA and France. It is noted that at the current stage of the development of legal science in the world, the idea of restorative justice is becoming more and more widespread, the essence of which is the reconciliation of an offender and a victim without the intervention of competent state authorities. Factors that determine possibility and necessity for differentiating a criminal procedural form aimed at its simplification are determined. Conceptual principles of restorative justice implementation in Ukraine are clarified. The model of the institution of mediation in the criminal process of the USA is analyzed. In particular, it is argued that the essence of restorative and compensatory procedures consists in non-institutional mediation between a criminal and a victim in order to prevent the further development of a conflict caused by a crime. A governing influence in these programs is based on fundamentally different starting points than the application of punishments. The model of the institution of mediation in the criminal process of France is revealed. It is noted, that the procedural prerequisite for the development of mediation practice in France was the principle of expediency of criminal prosecution initiating, a wide application of the institution of its resignation based not on formal grounds, but pursuant to its impracticality. This circumstance should be taken into account, since with the help of alternatives to criminal prosecution, including mediation, a legislator not only sought to soften the repressive nature of criminal law, but also to fight the negative consequences of leaving a significant mass of criminally punishable acts without a convincing reaction from the state. It is proven that mediation procedures have significant effectiveness and high potential for use in the domestic criminal process, including harmoniously relying on the existing normative regulation. They are tested by foreign and national practice and are of significant scientific interest.