Mediation in Criminal Proceedings in Kazakhstan and Foreign Countries: Comparative Legal Analysis

Abstract

Objective: the purpose of this study is to consider the essence of mediation in criminal proceedings and determine its characteristics in the foreign legal system to improve national legislation. Theoretical framework: theoretical materials were based on international scientific publications, reports, and scientific papers. And also for a more complete and objective presentation of the problem being studied, practical materials from criminal cases were used. Method: is a dialectical method of understanding general patterns and particular manifestations of the essence of phenomena of objective reality. The comparative legal method made it possible to qualitatively study foreign legislation from the point of view of legal regulation of mediation in criminal proceedings, especially the experience of France, and in this regard, implement it into national legislation. The logical method made it possible to analyze the mechanism for implementing mediation in criminal proceedings and identify its components that need improvement. Results and conclusion: mediation relieves the parties from the formal procedures inherent in judicial proceedings, from coercion, without which the exercise of judicial power is unthinkable. The personal participation of the parties in resolving the dispute, their joint search for a way out of the conflict, awareness of the need to find a mutually acceptable condition within the framework of law while respecting the legitimate interests of each party allows them to appreciate the meaning and significance of the law in their everyday life, provides experience in lawful behavior and a legal way out of conflict situations. Originality/value: the value of the study lies in the fact that, on the basis of theoretical and legal analysis and the study of practical experience, it seems possible to improve the mechanism for implementing mediation in criminal proceedings in national legislation.