MEDIATION AS A TOOL FOR EXPANDING DISPOSITIVE PRINCIPLES IN CRIMINAL PROCEEDINGS

In the article the institute of mediation is being investigated as one of the most progressive alternative methods of dispute resolution using the methods of comparison, scientific analysis, synthesis and comparison. The authors actualize the introduction of mediation into various spheres of law enforcement practice of the Republic of Belarus, focus on the possibility and expediency of integrating mediation with criminal procedural activities. Certain provisions of the Law of the Republic of Belarus "On Mediation" and certain norms of the Criminal Procedure Code of the Republic of Belarus regulating the use of mediation in criminal proceedings are analyzed in detail. At the same time, as a comparison, the similar legislation of Kazakhstan is studied, certain progressive aspects of its formation are indicated. The authors reveal a number of regulatory and law enforcement problems that do not allow the progressive changes introduced in the criminal procedure legislation of the Republic of Belarus in 2021 to be properly implemented. Individual problems are presented in a detailed form with a deep analysis of the essence of the problem. In conclusion, the author conceptually sets out his own vision of the further development of mediation in the criminal procedure sphere of the Republic of Belarus and formulates proposals for leveling some barriers. The authors emphasize the universality of the problematic issues raised, their existence in the relevant legislation of most post-Soviet countries.

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