The Idea of Restorative Justice Within the Humanization of Criminal Law
( Pp. 12-17)
More about authors
Ivanov Nikita G.
Dr. Sci. (Law), Professor, Honorary Lawyer of the Russian Federation, retired Police Colonel; Professor, Department of Criminal Cases and Criminology, editor-in-chief, journal “Lobbying in the Legislative Process”
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russian Federation
All-Russian State University of Justice (RLA of the Ministry of Justice of Russia)
Moscow, Russian Federation
Abstract:
The article analyzes the principles of restorative justice, which are most concisely presented in Article 76 of the Criminal Code of the Russian Federation. Restorative justice, as a means of resolving criminal legal threats not through punishment, but through compensation for harm, is viewed from the perspective of satisfying private interests. Despite the fact that the classical approach to resolving disputes in the field of criminal law is a repressive method that prioritizes public interests, restorative justice emphasizes private preferences, which is more in line with the principles of justice and humanism. The article analyzes the judicial practice of applying Article 76 of the Criminal Code, and also discusses problematic issues related to the interpretation of the possibilities of exemption from criminal liability by the highest judicial authority in Russia.
How to Cite:
Ivanov, N.G. (2026). The idea of restorative justice within the humanization of criminal law. Lobbying in the Legislative Process, 5(2), 12–17. DOI: 10.33693/2782-7372-2026-5-2-12-17. EDN: RYBPOC
Reference list:
Berman H.J. Law and revolution: The formation of the western legal tradition. N.R. Nikonova, N.N. Deev (transl. from Eng.). Moscow: MSU Publishing House; INFRA-M-NORMA, 1998. 624 p. ISBN: 5-211-03624-7.
Murphy J., Coleman J. Philosophy of law: Introduction to jurisprudence. V.V. Ogleznev, V.V. Tselishchev (transl. from Eng.). Moscow: Kanon+ ROOI “Rehabilitation”, 2024. 304 p. ISBN: 978-5-88373-825-7.
Murphy J., Coleman J. Philosophy of law: Introduction to jurisprudence. V.V. Ogleznev, V.V. Tselishchev (transl. from Eng.). Moscow: Kanon+ ROOI “Rehabilitation”, 2024. 304 p. ISBN: 978-5-88373-825-7.
Keywords:
restorative justice, the Valley effect, conciliation procedures, private legal interests, public legal interests, and social protection.
