Agreements in Criminal Processes: Problems of Application and Development

Abstract

Purpose of Study: In this paper, institutions of agreements (mediation) in criminal proceedings in various states were investigated regarding the history of their occurrence and development. The aspects under the study included features related to the use of institutions of agreement in individual countries (USA, Canada, Germany, Russia, Moldova, etc.); the regulatory framework of these countries, statistics on the use of institutions of agreements (mediation), as well as programs used as mediation.
 Methodology: In the present study, general scientific, as well as special methods and provisions of dialectics were used. In the course of the study, private scientific methods were also used including historical-legal, formal-legal, formal-logical, systemic, and comparative.
 Results: Currently, the new legal institution of agreement (mediation) is actively developing in the global legal system, contributing to resolving the conflict without holding a trial and just by holding peace negotiations and concluding an agreement with the accused. This institution was initially established in countries with the Anglo-Saxon legal system (USA, UK), and then was developed in countries with a continental legal system (RF, Moldavia, Kazakhstan).
 Implications/Applications: The mediation is considered to be a convenient approach for resolving conflicts, since it is built on the mutual agreement of two confrontational parties, and it will continue to further develop worldwide and will be included in the legislation of those countries where it has not been fixed yet.

Institute of consent with accusation in criminal proceedings of Russia and foreign countries

“…Thus, to send the criminal case to the court, consent with the prosecution was not required, which means that the person in respect of whom the materials were prepared in a protocol form could only express his disagreement when the court considered the case (Kupryashina et al, 2019). The regulation of the special procedure for making a decision under the rules of Chapter 40 of the Criminal Procedure Code of the Russian Federation begins after the preliminary investigation.…”