THE PLACE AND THE ROLE OF A PERSON WHO CONCLUDED A PRE-TRIAL AGREEMENT IN THE SYSTEM OF THE PARTIES TO THE CRIMINAL PROCEEDINGS

The issues of specifying the procedural status of a person who concluded a pre-trial cooperation agreement are currently of research and practical interest. The divergence in settling some procedural aspects (starting with identifying the place and the role of the considered participant in the criminal proceedings and finishing with the feasibility of using the received information in evidence) brings to nothing the possibility of active participation of this person in the criminal case consideration. The authors attempt to analyze the most acute problems of determining the procedural status of the named subject of criminal proceedings to identify possible directions to improve criminal procedure law. To achieve target goals, the authors both analyzed the provisions of current criminal procedure legislation and considered the most interesting suggestions of scientists-processualists and practitioners on the improvement of legislative formulations describing the status of a person concluded a pre-trial cooperation agreement. Apart from this, the authors considered the history of the origin of this subject in the current national criminal procedure, showed the inconsistency of this figure in the current configuration of competitive criminal procedure. The authors propose introducing amendments to the texts of Articles 5, 74 of the RF Code of Criminal Procedure and discuss the necessity of moving Article 56.1 of the RF Code of Criminal Procedure to another chapter of the Code. Otherwise, according to the authors’ opinion, the participation of persons who concluded a pre-trial cooperation agreement in the criminal procedure will still rouse the censure of practitioners and face just criticism of the scientists-processualists.