The Law on Mediation Will Make It Possible to Reconcile the Parties, Increase Confidence in Judges and Reduce the Burden on Them - N. Stefaniv

On December 9, 2021, Nadiia Stefaniv, the judge of the Criminal Cassation Court within the Supreme Court, took part in a press breakfast entitled “The Law on Mediation Adopted. How to Implement It Effectively?” organized by the EU Project "Pravo-Justice".

Nadiia Stefaniv stressed the importance of adopting the Law of Ukraine On Mediation, which applies to public relations related to mediation in order to prevent conflicts (disputes) in the future or to resolve any conflicts (disputes), including civil, family, labor, economic, administrative ones, as well as in cases of administrative offenсes and in criminal proceedings, to reconcile the victim with the suspect (accused).

“The adoption of the law on mediation is a significant step for the introduction of mediation, in particular, in criminal proceedings. The effective implementation of the provisions of the law will make it possible to reduce the workload of judges, to achieve mutual understanding between the parties, to reconcile them and increase the trust in the court», emphasized the judge of the Criminal Cassation Court within the Supreme Court.

The speaker recalled that the Supreme Court had established a Coordinating Council for the Introduction of Restorative Justice in Ukraine, which she chaired. And one of the most common forms of implementing restorative justice is precisely mediation. Therefore, the Law of Ukraine On Mediation opens the way for the implementation of the findings of the Coordinating Council, in particular those related to amendments to the Criminal Code of Ukraine and the Criminal Procedural Code of Ukraine (the CPC).

Nadiia Stefaniv noted that in accordance with the provisions of the CPC of Ukraine, the victim had the right to reconcile with the suspect, the accused and to conclude a reconciliation agreement. In the cases provided by the Law of Ukraine on Criminal Liability and the CPC of Ukraine, reconciliation is the basis for closing criminal proceedings. However, despite the existence of such procedural mechanisms, there are currently no provisions to promote a more effective use of mediation in criminal proceedings.

According to the speaker, now it is necessary to legalize the role of a mediator in criminal proceedings. That is to consolidate the status of a mediator in Art. 3 of the CPC of Ukraine, and in part 1 of Art. 469 of this Code to add a mediator to the circle of persons through whom the victim, suspect or accused can reach an agreement on a reconciliation agreement.

In addition, the provisions on the grounds for releasing a person from criminal liability, on the circumstances mitigating the punishment, require amendments and additions.

"In my opinion, the tools of mediation can be used both at the stage of pre-trial investigation and at the stage of court proceedings - especially during the consideration of criminal proceedings in the courts of first instance," said Nadiia Stefaniv.

The participants of the event discussed the issues of ensuring the quality implementation of the Law of Ukraine On Mediation, the next steps of the Government after the adoption of this Law, the integration of mediation into the free legal aid system, and the role of the court in promoting mediation.