Pubblicato in: Dalla Comunità internazionale

2/2016 - Matveeva Yana, Restorative justice according to the laws

Fonte immagine: www.destinatio360.com


In modern time the idea of recovery justice is especially actual for the Russian judicial system. Many scientists note crisis of retaliatory justice. Rehabilitation and socialization of the persons who have served real sentence, is complicated, high recurrence among such criminals is noted that at all doesn't promote decrease in a crime rate and a problem of private prevention. Besides, in similar cases, to the victim harm is seldom compensated. Now at the solution of the criminal and legal conflict special significance is attached to restoration of the broken public relation and compensation of the harm done by a crime. But the Russian criminal and criminal procedure legislation can't guarantee to the victim compensation of harm in full. The brief experience of application of measures of recovery justice in Russia, and also lack of uniform approach to a regulation of measures of recovery justice, in our opinion, demands, including, appeals to experience of some foreign countries. In the present article the legislation of some foreign countries is analyzed and the comparative analysis with the criminal act of the Russian Federation is carried out.