Updating The Restorative Approach In The European Criminal Procedural Policy (Based On The Analysis Of The Recommendation Of The Committee Of Ministers Of The Council Of Europe CM / Rec (2018) 8 Dated October 3, 2018)

Abstract

In this article analyzed the recommendation of the Committee of Ministers of the Council of Europe CM / Rec (2018) 8 dated October 3, 2018. The general principles of the organization of restorative justice were analyzed, the basic principles of restorative justice, its legal basis within the criminal process, procedural aspects of the functioning of restorative justice were drawn and drawn attention to the expediency and the possibility of extending the restorative approach in the criminal justice system beyond the scope of criminal proceedings to a substantially broader relationship.

The update of the restorative approach in the European criminal procedural policy was based on the Recommendation of the Committee of Ministers of the Council of Europe CM / Rec (2018) 8 dated October 3, 2018. Mostly, this European Act is based on the Recommendation of the Committee of Ministers of the Council of Europe № R (99) 19 of 15 September 1999 «On Mediation in Criminal Matters» and develops its provisions. The recommendation of the Committee of Ministers of the Council of Europe in 2018 is intended to serve as a basis for a more qualitative and more comprehensive implementation and regulation of restorative justice in European criminal procedural policy.