Implementation of restorative justice in Ukraine

Abstract

ABSTRACT

The purpose of this research was to investigate the process of restorative justice implementation in Ukraine. The research provides an analysis of the current situation and evaluates the necessity of support of restorative justice practice by the State (i.e. by legislation, law enforcement and conventional justice systems). To achieve objectives of the study methods of qualitative research were applied and consisted of analysis of specialized literature and a number of semi-structured and unstructured interviews. The interviewees included employees of the Ukrainian Centre for Common Ground (the UCCG) and practicing mediators from Simferopol branch of the UCCG. In addition there were conversations with random people aiming to learn their points of view on restorative justice and its possibilities. The findings revealed that though much work had been done after restorative justice was introduced in Ukraine in 2003, it had not advanced much. Moreover, due to the problems experienced, there can be observed a tendency towards a decrease of the restorative justice practice. The failure of the post-Soviet law enforcement and the systems of justice to earn the people’s trust caused a strong disbelief in innovations in this sector. The major challenges include absence of sufficient financing of the mediation centers and lack of cooperation of the law enforcing structures and the system of justice with mediators. The conclusion is that the State’s active cooperation in implementation of restorative justice, including legislative and financial support, is crucial in achieving positive results in this sphere.

Key-words: Ukraine, restorative justice, mediation, implementation, criminal justice, law enforcement.