RESTRICTIONS ON THE RIGHT TO RECONCILIATION IN SUBSTANTIVE AND PROCEDURAL CRIMINAL LAW: REASONABLENESS OF RESTRICTIONS

Abstract

The article examines the peculiarities of applying the institution of reconciliation in criminal proceedings in Ukraine within the context of developing restorative justice. It has been established that reconciliation plays a key role in achieving a balance between the interests of the victim, the offender, and society, as it not only ensures compensation for damage but also promotes the resocialisation of the person who committed the offence. It has been substantiated that the institution of reconciliation represents an effective alternative mechanism for resolving criminal law conflicts, capable of reducing the burden on the judicial system and contributing to the humanisation of criminal policy.

The provisions of the current Criminal Code of Ukraine, the Criminal Procedure Code of Ukraine, and the draft of the new Criminal Code of Ukraine, which define the grounds and limits for applying reconciliation, have been analysed. The study explores international standards and foreign experience, where reconciliation mechanisms are widely used within the framework of restorative justice. It has been determined that excessive legislative restrictions, particularly those linked to the severity of the offence, limit the potential of reconciliation in achieving its main objective — the restoration of social justice.

It has been proven that the effectiveness of reconciliation depends on the voluntary participation of the parties, the offender’s genuine remorse, and the willingness to compensate for the harm caused. It has been found that reconciliation is especially important in cases involving minors, where the combination of dialogue with the victim and educational measures significantly reduces the risk of reoffending. It has been emphasised that inconsistencies in court practice regarding the application of reconciliation in Ukraine necessitate the development of unified approaches and clear procedural mechanisms.

It has been summarised that the institution of reconciliation has significant potential for strengthening the principles of humanism, economy of criminal repression, and the orientation of justice towards restoring the rights of victims. It is proposed to expand the scope of reconciliation, to promote mediation as an effective tool for conflict resolution, and to incorporate corresponding provisions into the draft of the new Criminal Code of Ukraine. The findings of the study have both theoretical and practical significance, as they contribute to the improvement of legal regulation and the formation of modern judicial practice that aligns with international restorative justice standards.