Conditions for conclusion an agreement in criminal proceedings with the participation of the victim’s representative

Autori

  • Volodymyr Zavydniak
  • Galina Mular
  • Tetiana Chasova
  • Iryna Sopilko
  • Nataliya Mudrolyubova

Parole chiave:

Agreement on reconciliation, representative, media, reconciliation, revial of justice

Abstract

The main task of this article is to study the essence and purpose of the institute of criminal proceedings “conclusion of an agreement in criminal proceedings”, to reveal the application of this institute of criminal proceedings in practice, to determine its role in legal and social life and to study the conditions of conclusion of the above agreement for a peaceful resolution of the dispute between parties. Among the methods by which the problem of the given topic is studied it is possible to distinguish a dialectic method, comparative-legal, system method, historical-legal, formal-legal method, method of analysis and synthesis. The authors studied the experience of foreign countries in combating corruption and proposed to introduce international experience in the national legislation for successful experience of entering into agreements in criminal proceedings, as well as for the effectiveness
of these agreements and maximum compliance with the rights of the parties of the disputes. The study describes the current state of legal acts regulating the conclusion of agreements, the concept of agreements in criminal proceedings and their types and the main reasons for the conclusion of agreements, the terms of the agreement between the parties to criminal proceedings as a wat for a peaceful resolution of disputes, the stages and elements of the conclusion of agreements. The participation of the victim in the process of concluding the agreement was also investigated. On the example of international experience of development and application of this institute the establishment of the institute and its further development, as well as the conditions of conclusion of the agreement in such states are investigated.

Biografie autore

Volodymyr Zavydniak

Full Doctor in Law, Professor at the Department of Criminal Justice, University of the State Fiscal Service of Ukraine, Kyiv, Ukraine. Research interests: law – criminal procedure and forensics; forensic examination; operational and investigative activities. He is the author of the dissertation “Judicial precedent in criminal proceedings of Ukraine”.

Galina Mular

Full Doctor in Law, Professor at the Department of Criminal Law, Procedure and Criminology, Academy of Labor, Social Relations and Tourism, Kyiv, Ukraine. Scientific interests: administrative law and process; finance law; information law. She is the author of the dissertation “Administrative and legal enforcement of the right to healthcare”.

Tetiana Chasova

PhD in Law, Associate Professor at the Department of Criminal Law, Procedure and Criminology, Academy of Labor, Social Relations and Tourism, Kyiv, Ukraine. Research interests: criminal proceedings; civil law; legal regulation. She is a lecturer-consultant at Themis Legal Clinic.

Iryna Sopilko

Full Doctor in Law, Professor at the Faculty of Law, National Aviation University, Kyiv, Ukraine. Research is related to the issues of legal regulation of citizens’ access to public information, human rights and the peculiarities of their implementation and protection in Ukraine. She is the author of more than 200 scientific and scientific-methodical works, including monographs, textbooks, manuals (co-authored).

Nataliya Mudrolyubova

PhD in Law, Associate Professor at the Department of Theory and History of State and Law, National Pedagogical Dragomanov University, Kyiv, Ukraine. Research interests: theory and history of state and law; history of political and legal doctrines. She is the author of the dissertation “The welfare state: ways of its formation and mechanisms of implementation on the example of the Kingdom of Sweden”.

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Pubblicato

2023-05-03

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