LAWYER’S ROLE IN MEDIATION FUNCTIONS IMPLEMENTATION IN CRIMINAL PROCEEDINGS

Abstract

Problem setting. Introduction and development of the restorative justice Institute is one of the most important ways of reforming the criminal justice of Ukraine. Taking into account the problems of state justice, grounding of metes and bounds extension of non ultra petita of contentious relationship individuals and the obvious requirement to reduce the general level of conflict tension in the society, successful integration of mediation into the Ukrainian legal system is an important task of both the state and civil society institutions, primarily the institution of advocacy.

Analysis of recent researches and publications. Problems of lawyers’ participation in mediation were investigated by such scientists as Y. V. Baulin, A. M. Bobrov, I. A. Voytyuk, A. A. Dudorov, V. V. Zemlyansky, V. A. lukyanovsky, V. T. Malyarenko, A. M. Panasyuk, N. Is. Semenyako, A. Is. Solovieva, N. And. Havronyuk, L. A. Khruslov, A. Yanovsky and others. However, in the scope of these authors’ works only single aspects of the lawyer participation in mediation in the role of a mediator were covered, so a number of issues require further research and analysis.

Target of research is a systematic analytical research of participation peculiarities of the lawyer’s mediation as a mediator, applying the method of comparative analysis to traditional legal practice and the mediator’s activity.

Article’s main body Peculiarities of the lawyer participation in mediation in the role of a mediator were studied in the article. The signs by which it’s possible to determine the specifics of the lawyer-mediator’s activity were discovered and analyzed, the advantages and disadvantages in providing mediation assistance by a lawyer-mediator were identified and some specific changes and additions to the current legislation of Ukraine are planned in this industry.

Conclusions and prospects for the development.  In Ukraine mediation should be identified as a special type of advocacy that should find its appointment at the level of the current legislation about legal profession and lawyer activities. Lawyers-mediators have significant opportunities and prospects in providing legal assistance to participants in criminal proceedings during the mediation, they are a potential source of directing offenders’ participation in restorative justice programs. The role of a lawyer-mediator in criminal proceedings can be considered in two ways. Firstly, it is a professional activity of a lawyer as a mediator in criminal cases, and secondly, mediation of a lawyer as parties in criminal proceedings. During mediation, lawyers should be guided by a special law and mediation standards. The procedure of selection, training and evaluation of mediators was additionally developed.