THE APPLICATION OF RESTORATIVE JUSTICE AS A MEANS OF PROTECTING HUMAN RIGHTS AND FREEDOMS AND THEIR TRANSFORMATION IN THE CONTEXT OF MILITARY ACTION

Abstract

The article examines the peculiarities of implementing restorative justice in the criminal proceedings of Ukraine under martial law. Emphasis is placed on the problems of the traditional punitive model of justice, which primarily focuses on punishing the offender and does not fully ensure the protection of victims’ rights or the restoration of social justice. Key challenges in applying restorative practices are identified: the absence of an adequate legal framework, limited institutional mechanisms, and contradictions between the provisions of criminal procedure law and international human rights standards. The experience of foreign countries in implementing mediation programs and other forms of restorative justice is analyzed, and the prospects for their adaptation to the Ukrainian legal system are outlined. The

development of the restorative justice institute will contribute to strengthening citizens’ trust in law enforcement, reducing the level of recidivism, and ensuring a balance between the rights of victims and offenders. Directions for improving national legislation and mechanisms for implementing international standards in criminal justice are proposed.

At the same time, the application of restorative justice remains problematic in terms of ensuring human rights in criminal proceedings, as well as addressing compensation for damages and providing comprehensive protection of individuals’ rights in such proceedings. In fact, the mechanism of restorative justice, according to many scholars, cannot fully cover all the losses of victims, despite reforms in criminal justice aimed at safeguarding not only the rights and freedoms of offenders but also those of victims.

The main goal of restorative justice is to restore social harmony rather than merely impose punishment. This may include compensation, community service, or other forms of reparation. Restorative justice also carries a preventive dimension, helping to reduce reoffending through offender rehabilitation. In Ukraine, the concept of restorative justice is gradually being introduced in various spheres, particularly in criminal proceedings, which makes it possible to create a more humane and effective approach to resolving conflicts arising from the commission of crimes.