Review

Abstract. The article analyzes the dialectics of the development of restorative justice, its essence, significance and consequences for the participants. The advantages of restorative justice over the traditional approach are shown. The most common types of restorative justice and its application in Ukraine are mentioned. The conducted research made it possible to draw conclusions: 1. The traditional system of punishments does not give the expected result in terms of correction of the convict, compensation of damage to the victim and prevention of recidivism of criminal offenses. 2. Restorative justice can solve many more problems than traditional justice. In particular, restoration of the condition of the injured persons, for whom only material or moral compensation in the monetary equivalent is often not enough. The application of restorative justice makes it possible to understand the reasons for committing a criminal offense against them, to hear an apology, to feel safe again and not to be afraid to continue living in society, to receive emotional healing. Also, for the offender, the opportunity to hear the state and emotions of the victim is very important, which in the future performs a preventive function regarding the commission of new criminal offenses. In addition, restorative justice focuses its attention not on the offender and his punishment, but on rehabilitation, which positively affects all participants in the process. 3. Restorative justice is characterized by the fact that it is focused on the victim, is voluntary, expands the possibilities of compensation for damage, elimination of losses, reconciliation between the offender and the victim, provides an opportunity to withdraw the minor from the criminal process and can become a mitigating circumstance. 4. There are various types of restorative justice, which have long been used in foreign countries and have begun to be actively implemented in Ukraine, in particular, in the field of juvenile justice, mediation is provided for juvenile offenders who have committed criminal misdemeanors and minor crimes for the first time. However, an important next step should be to amend the Criminal Procedure Code of Ukraine regarding the possibility of applying restorative justice in Ukraine. In addition, it is necessary to expand the possibility of conducting mediation for juvenile offenders who have committed more serious crimes. Key words: restorative justice, mediation, conference, juvenile offenders, victims, juvenile justice. REFERENCES BIBLIOGRAPHY AUTHORED BOOKS

1. Bazemore G, Umbreit M, Balanced and Restorative Justice (Washington, Office for Juvenile Justice and Delinquency Prevention, 2004).
2. McCold P, Restorative justice and the role of community. In: Galaway, B., Hudson, J. (Eds.): Restorative Justice: International Perspectives (Amsterdam, Kugler, 1996) 85–101.
3. Junger-Tas J, Dünkel F, Reforming Juvenile Justice. SpringerLink electronic monographs, 2009.
4. Zehr H, Changing Lenses: A New Focus for Crime and Justice. 3rd ed. (Waterloo, Herald Press, 2005). 5. Silving H, A New Philosophy of Criminal Justice, R.J. Gerber and P.D. McAnany, op. cit. (1972) 252. 6. Walgrave L, Restorative Justice and the Law (Willan Publishing, 2002).

JOURNAL ARTICLES

1. Braithwaite J, Mugford S, Conditions of successful reintegration ceremonies: dealing with juvenile offenders (1994) 34 British Journal of Criminology 139.
2. Dignan J, Understanding Victims and Restorative Justice (2005) Maidenhead Open University Press.
3. Cornwell D, and Ashcroft P, Criminal Punishment and Restorative Justice: Past, Present and FuturePerspectives (2006) Waterside Press.
4. Marshall T F, Restorative Justice: An Overview (London, HMSO, 1999).
5. Morris A, Maxwell G, Restorative justice in New Zealand: family group conferences as a case study (1998) 1 Western Criminology Review 1–29.
6. Zehr H, Mika H, Fundamental concepts of restorative justice. In: Mclaughlin, E., Furgusson, R., Hughes, G., Westmarland, L. (Eds.): Restorative Justice Critical Issues (Milton Keynes, Open University Press, 2003).
7. Duzhenkov M, Yuvenalna yustytsiia ta vidnovne pravosuddia v Ukraini (2019) [Juvenile Justice and Restorative Justice in Ukraine] data zvernennia 05.12.2021 [in Ukrainian].
8. Melnychuk Yu, Kruk O, Zastosuvannia prohram vidnovnoho pravosuddia shchodo zlochyniv skoienykh nepovnolitnimy [Application of restorative justice programs for crimes committed by minors] (2018) 2 (54) Molodyi vchenyi 363–367 [in Ukrainian].
9. Nahorniuk-Danyliuk O A, Vidnovne pravosuddia yak skladova yuvenalnoi preventsii [Restorative justice as a component of juvenile prevention] (2020) 2.5 (107) Yurydychna nauka 127–138 [in Ukrainian].
10. Pohoretskyi M A, Hrytsenko I S, Pravo na spravedlyvyi sud [The right to a fair trial] (2012) 91 Visnyk Kyivskoho natsionalnoho universytetu imeni Tarasa Shevchenka. Yurydychni nauky 4–7 [in Ukrainian].
11. Pohoretskyi M A, Serhieieva D B, Problemni pytannia realizatsii protsesualnoho statusu poterpiloho u kryminalnomu provadzhenni [Problematic issues of implementation of the procedural status of the victim in criminal proceedings] (2017) 46 (2) Naukovyi visnyk Uzhhorodskoho natsionalnoho universytetu Seriia «Pravo» 118–123 [in Ukrainian].

WEBSITES

1. Vidnovne pravosuddia – novyi pidkhid reahuvannia na zlochyn, vchynenyi nepovnolitnimy [Restorative justice is a new approach to responding to crime committed by juveniles] data zvernennia 05.12.2021 [in Ukrainian].