ISSUES OF THE THEORY OF CRIMINAL PROCEDURE AGREEMENTS: PARTIES AND CONCLUSION PROCEDURE

Abstract

There are four types of criminal procedure acts in pre-trial criminal proceedings: acts of application of law, procedural appeals, procedural acts of dispositive nature and procedural agreements. In the current criminal procedure legislation, there is only one example of the latter type of procedural acts, namely a pre-trial co-operation agreement. Such a limited scope of contractual relations in criminal proceedings is explained by its public law nature; however, this does not mean that this type of criminal procedure acts has no prospects for development. To make them real it is required to develop a theory of criminal procedure agreements. The purpose of the study is to develop, based on analysing the regulation of a pre-trial cooperation agreement, general provisions that could constitute a theoretical basis for the regulation of criminal procedure agreements. In particular, it is necessary to define parties of procedural agreements, their subject matter, guarantees of the rights and legitimate interests of participants of procedural agreements at the conclusion stage, the limits of appealing against the refusal of authorities to conclude procedural agreements. The dialectical method serves as the methodological basis of the research. In addition, the general scientific methods of analysis, synthesis and systematic approach are used, as well as special legal methods, primarily logical-legal and legal interpretation. Results: the study shows that the obligations under a procedural agreement for each of its participants imply the performance of actions only in the interests of the opposing party; the conclusion of a procedural agreement requires the participation or control of the authorities conducting criminal proceedings; the participation of entities defending the rights and legitimate interests of a party to a procedural agreement shall act as a mandatory procedural guarantee of the legality of its conclusion; the decision of an official to refuse to conclude a procedural agreement shall be subject to appeal in the manner prescribed by law.