Review

The article researches a role of an advocate as a defender of the suspect, the accused and a representative of the victim in criminal proceeding at each stage of mediation. There are analyzed the basic functions which an advocate performs as a defender of the suspect, the accused and a representative of the victim during the realization of mediation procedure. It is determined the specifics of advocate’s participation in mediation procedure in criminal proceeding.

The purpose of the article is to obtain new results in the form of scientific conclusions on the organizational and legal principles of participation of an advocate in mediation in criminal proceeding in the context of realization of the right to a fair trial.

The special features of the advocate's activity in mediation procedure in criminal proceedings are: 1) an advocate as the victim's representative should ensure that reconciliation will contribute to psychological «healing» of a victim as the victim of the crime, and will allow him/her to receive quicker and in full a compensation for the damage inflicted by the crime; 2) an advocate as the defender should ensure that the suspect (the accused) does abuse the right to reconciliation or concluding a conciliation agreement in order to avoid criminal liability and punishment or a significant mitigation; 3) an advocate should be aware of mediation as an alternative way of resolving disputes, mediation models, mediative techniques, and other aspects of this procedure; 4) an advocate should have a sufficient mediative knowledge, skills and abilities; 5) at the stage of elaboration of a mediation agreement in mediation procedure in criminal proceedings, the activity of an advocate may appear; 6) an advocate should ensure a proper legal appearance of the parties' agreement on the results of mediation, as well as ensure the legality of such an agreement and its compliance with the provisions of the current legislation (in the case if the mediator is a non-professional lawyer); 7) the main role of an advocate as the defender or representative of the victim during the mediation procedure is that he/she ensures the maintenance of the rule of law during the mediation procedure, protecting the rights, freedoms and legitimate interests of the client and does not allow psychological pressure or other type of abuse in relation to him/her.

Key words: advocate, mediation, criminal proceeding, the right to a fair trial.