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Publication date: 07.03.2024
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In the criminal justice system of Ukraine, a traditional model has been established for decades, in which the main task was to provide evidence of guilt or innocence of the defendant. However, increasing demands for justice and changes in society cast doubt on the effectiveness of such an approach. Consequently, alternative forms of conflict resolution are gaining increasing importance in the criminal process, allowing lawyers to take on new roles and resolve conflicts in a completely different way.
The traditional criminal process focuses on proving or disproving accusations, often leading to lengthy and exhausting legal proceedings. This can be particularly challenging for ordinary citizens who may feel that the system does not consider their needs and interests.
However, in the modern criminal process, there is a growing tendency towards conflict resolution through alternative methods such as mediation, restorative justice, and agreements between parties. These forms allow parties to actively participate in the conflict resolution process and achieve mutually beneficial solutions.
In court, a lawyer traditionally acts as a defender of the defendant's interests, but can play a key role in utilizing alternative forms of conflict resolution. As a professional with deep knowledge of the legal process, a lawyer has a unique opportunity to help their client understand the advantages and disadvantages of each alternative form.
For example, in mediation, a сrime lawyer can help the client clearly articulate their needs and interests and assist in finding a compromise with the other party. In restorative justice, a lawyer can support their client in the process of compensation for damages and rehabilitation. In the case of agreements between parties, a lawyer can help draft a favorable agreement for their client and ensure its execution.
Restorative justice is one of the alternative forms of conflict resolution in the criminal justice system of Ukraine. This approach aims to restore harmony between the parties, prevent the recurrence of crimes, and compensate for the damages caused. It provides an opportunity for parties to actively participate in the case proceedings and achieve mutually beneficial solutions.
Restorative justice in Ukraine has been in development in recent years. It becomes an important alternative to traditional criminal justice, which often focuses on punishing criminals rather than restoring justice and satisfying the needs of victims.
The application of restorative justice in criminal cases allows parties to interact directly and find mutually acceptable solutions. This can be particularly effective in cases where parties seek compromise, restore relationships, or ensure compensation for damages.
The restorative justice program as an alternative to criminal justice is applied when the police, prosecutor, or judge refer the case to reconciliation even at the pre-trial stage or when the judge refers the case before the start of the court hearing. However, it is alternative because in this model, participants in the criminal situation and the community are actually empowered to make decisions in their case! In other words, the restorative justice program aims to organize a restorative process aimed at achieving a restorative result. The official justice system will continue to handle the case only if the restorative process fails.
What makes alternative forms of conflict resolution interesting for the average citizen? They provide an opportunity to change the usual perception of criminal justice and actively participate in conflict resolution. They offer a new approach that allows parties to focus on restoring what has been lost, providing compensation, and achieving mutual understanding.
For example, participation in mediation can give citizens the opportunity to hear another perspective on the situation and jointly find the best way to resolve the conflict. Restorative justice can provide an opportunity to involve the community in the process, allow the victim to express their feelings and receive compensation, and help the offender understand the consequences of their actions and restore justice.
Alternative forms of conflict resolution in the criminal justice system of Ukraine open up new opportunities for ensuring justice and effectively resolving conflicts. The role of a crime lawyer in these processes becomes more active and creative, helping clients find the best solutions and achieve mutual agreement.
Criminal justice has the potential to change citizens' perceptions through alternative forms of conflict resolution, allowing them to be active participants in the process. This opens the way to a more fair and humane justice system that considers the needs of all parties involved and promotes peace and harmony in society.
