IMPROVEMENT OF SOME JURISDICTIONAL NORMS IN ORDER TO ACHIEVE A PSYCHOLOGICAL AND LEGAL STATE OF RECONCILIATION

Abstract

The article analyzes the latest approaches aimed at achieving the psychological and legal issues of reconciliation of the parties. Considerations are suggested with regard to the necessity of spreading the practice of initiating conciliatory procedures by defenders, as well as the benefits of the parties as a result of such activity. Attention is paid to the mediation institution, with the importance and necessity of its introduction into all legal rules of our country, related to regulation of conflict and dispute between the parties emphasized. We have analyzed the Draft Law on Mediation No. 3504 dated May 19, 2020. Based on the results of the analysis, specific amendments to the applicable legal rules are proposed, in particular, to implement a program in the internship of persons who have obtained a certificate for the right to practice law, which provides for acquisition of general mediation skills, as well as to hold conferences and trainings at the level of the National Association of Lawyers of Ukraine, which will explain the essence and advantages of elements of mediation to working defenders. Draft Law on Mediation No. 3504 is proposed to be specified by introducing amendments which would emphasize two integral and interconnected components of real reconciliation of the parties, namely: psychological and legal. The article also suggests and analyzes conciliatory institutions which have been operating in foreign countries for a long time. Special attention is paid to the concept of pre-trial protocol, successfully implemented in Great Britain. There are examples of incentives to achieve reconciliation which are not inherent in the legal rules of our country, but used in the USA for a long time (reconciliation of the parties after the court decision has become legally binding, reintegration ceremony). An analysis of the foreign institutions with regard to alternative dispute settlement leads to a proposal of introducing a new approach into our legislation in the form of the possibility of achieving psychological and legal reconciliation of the parties after the judgment becomes final. We have also substantiated an importance of entering into a reconciliation agreement in the event of achieving a conflict-free status between the convicted party and the injured party, as well as have suggested that such an agreement shall be attributed to a circumstance which enables the person to be granted early parole.