Pre-trial agreement on cooperation: actual criminal-legal and criminal-procedural aspects

Author(s):  L.A. Prokhorov, Dr., Prof., Kuban State University, Krasnodar, Russia, hooligang@mail.ru

M. L. Prokhorova, Dr., Prof., Kuban State University, Krasnodar, Russia

Issue:  Volume 43, № 2

Rubric:  Actual Problems of Legal Regulation

Annotation:  In the article on the basis of the analysis of retrospective aspects, provisions of the modern domestic crim-inal and criminal procedure legislation, theoretical views on a problem the operating approach to a regula-tion of institute of the pre-trial agreement on cooperation in the relevant standards of the right is consid-ered. Noting in general a positive vector of evolution of the called institute, authors pay attention to the single debatable questions connected with its legislative fixing and implementation. In particular, it is about a problem of protection of the rights of a victim at realization of the called legal institute. This ma-jor procedural figure has appeared out of the operating procedure of the conclusion of the pre-trial agree-ment, the victim doesn't enter a circle of subjects which have been granted the right of the appeal of the fact of conclusion of agreement and also his contents. The situation bares extremely burning issue of the conflict between institute of the pre-trial agreement about cooperation and requirements of such principles of criminal law as justice and humanity. Authors have defined some directions of the solution of the prob-lems noted in article.

Keywords:  pre-trial agreement on cooperation, legal institution, punishment, imposition of punishment, mitigation of punishment, justice, victim.

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