Theoretical and practical aspects of reconciliation agreement in criminal justice

Abstract

The article analyzes criminal proceedings based on reconciliation agreements. The concept of such an agreement is defined, as well as its features. The issues of the procedural design of the reconciliation agreement are clarified. The problems of concluding reconciliation agreements and gaps in the legislation are identified, and possible ways to overcome them are proposed to ensure the effective expansion of the application of reconciliation agreements in the criminal justice system of Ukraine with observance of procedural guarantees for all participants in criminal legal relations. Procedural and tactical features of the prosecutor's participation in court proceedings in reconciliation agreements are determined. It was concluded that it is necessary to develop a system of forensic recommendations regarding the tactics of the prosecutor's support of the state prosecution in court proceedings regarding agreements. In addition, the article analyzes the similarities between mediation agreements and reconciliation agreements in criminal proceedings. It should also be noted that from the point of view of scientists, the victim's refusal of the accusation and reconciliation of the parties are different concepts of the criminal process. However, from the point of view of the current legislation, the basis for justifying the refusal to open a criminal case is a reconciliation agreement between the victim and the suspect/accused. The article analyzes the issue of an reconciliation agreements of a juvenile offender and determines the similarity of the institution of reconciliation with restorative justice.