Strategies for Implementing Restorative Justice in the Penitentiary System of Ukraine Based on International Experience
DOI:
https://doi.org/10.5281/zenodo.14056964Keywords:
international legal standards, social reintegration, legal mediation, penal system, legal reforms, penitentiary system, penitentiary institutionsAbstract
The issue of restorative justice is becoming more and more relevant for Ukraine, especially given the need to ensure effective resolution of criminal conflicts and promote the rehabilitation of offenders. Most of the modern democratic countries have already implemented the concept of restorative justice, which focuses on reparation to the victims, awareness of the responsibility of the offender and maintenance of social harmony. In the Ukrainian context, it is important to deeply investigate this concept, determine the prospects for its implementation, and take into account the peculiarities of the national legal system, which requires appropriate adaptive changes.
The purpose of the study is the theoretical analysis of restorative justice, the definition of its main principles and approaches, as well as the study of international experience in the implementation of this concept. One of the main tasks is to formulate proposals for the integration of restorative justice into the national legislation of Ukraine, taking into account the positive experience of other countries.
The article uses an interdisciplinary approach, which includes the analysis of international legal documents, a comparative analysis of legal systems, as well as a critical analysis of scientific literature on restorative justice. The methods of synthesis, induction and deduction helped to generalize theoretical developments and determine the best practices for their adaptation to Ukrainian legislation.
The results of the study revealed that restorative justice, in particular mechanisms such as mediation, family conferences and restitution, are effective means of reducing recidivism, improving the social reintegration of offenders and providing support to victims. Based on the analysis of international experience, proposals have been developed for the adaptation of elements of restorative justice in Ukraine, including the need for changes in legislation, training of specialists and expansion of public participation in the processes of reconciliation and social rehabilitation.
The conclusions indicate that restorative justice has a significant potential to strengthen the justice system in Ukraine, especially in matters of rehabilitation of offenders and restoration of social justice.
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