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Title of Article

THE IDEA OF EVIDENCE COMPROMISE WHEN CONCLUDING A PRE-TRIAL COOPERATION AGREEMENT


Issue
2
Date
2019

Article type
scientific article
UDC
343.14
Pages
90-95
Keywords
 


Authors
Markelov A.G.
Chuvashskiy gosudarstvennyy universitet im. I.N. Ulyanova


Abstract
The article proposes an original approach to explaining the obvious ideological nature of the existence in the Russian criminal procedure of an evidentiary compromise with a special procedure for adopting a court decision when concluding a pre-trial cooperation agreement. The author argues that a promising and at the same time a conflict-free criminal procedure form of resolving a criminal case on the merits has been created in modern criminal proceedings. In particular, the legislator, while strictly observing the principles of the criminal procedure, has developed a special compromise (and at the same time evidentiary) procedure for the court to make a final decision on the criminal case when concluding a pre-trial agreement on cooperation between interested parties. The author concludes that this compromise mechanism is undoubtedly effective and underlines the need to further improve such alternative forms of proceedings, with the aim to quickly resolve criminal cases and to realize the purpose of the Code of Criminal Procedure of the Russian Federation.

File (in Russian)