ЗАСТОСУВАННЯ МЕДІАЦІЇ У ВИПАДКАХ ДОМАШНЬОГО НАСИЛЬСТВА: НАЦІОНАЛЬНІ ТЕНДЕНЦІЇ ТА ЗАРУБІЖНИЙ ДОСВІД

Abstract

The article examines the institution of mediation and its application in cases of domestic violence. It is noted that restorative justice is a separate model, a separate paradigm in terms of crime issues; it is a process in which a neutral party seeks to reconcile the victim and the perpetrator of a criminal act and thus resolve the conflict caused by a crime or one which manifested itself as a crime. In most European countries, a largely implemented model of restorative justice is mediation, which is used to reach an agreement between the perpetrator of a criminal act and the victim. Mediation in criminal cases is a form and tool of restorative justice. Mediation is a part of restorative justice, which is a modern theoretical approach and practice in responding to conflicts and crimes. The basis of this approach is that every conflict, crime or offence must result in the actions of the offender to compensate the victim for the damage caused.

The author emphasises that the institute of mediation is an important component of the development of criminal procedural legislation, since it significantly reduces the time of pre-trial investigation, saves financial resources, and ensures that the victim receives prompt restoration of his/her violated rights. There are many advantages and disadvantages of mediation between perpetrators and victims of domestic violence. Most of them need to be considered in each specific case, when an official decides whether to refer a case to mediation, and a mediator decides whether to take on the case. In complex family situations, the person responsible for deciding whether mediation in a particular situation may have criminal law implications should be a prosecutor, police officer or judge, and in psychological terms, a specially trained mediator with experience in family matters. At the same time, the requirements for a mediator in criminal proceedings should be different. A mediator wishing to work in this area, in addition to the requirements specified in the current legislation, must undergo special training specifically for mediation in criminal proceedings. He or she must understand how to deal with the psychological crisis of a crime victim, how to prepare him or her for a joint mediation session with the perpetrator, and the mediator must be able to talk to the perpetrator and maintain his or her "neutral position". Most European countries have recognised domestic violence as a serious problem and have provided for appropriate protection measures. In the case of domestic violence, protection is needed immediately after the violence occurs, when the police arrive at the place where the victim and the perpetrator live together. Many European Union member states' laws provide for measures such as eviction of the abuser from the place of residence with a ban on return. Violation of such measures should result in an immediate police response.