employee
Volgograd Academy of Ministry of Internal Affairs of Russia (kafedra ugolovnogo processa uchebno-nauchnogo kompleksa po predvaritel'nomu sledstviyu v organah vnutrennih del, professor)
employee
UDC 343.13
At present, the most promising direction for the development of general provisions constituting the theoretical basis for the regulation of criminal procedural contracts seems to be the analysis of the existing regulation of the pre-trial cooperation agreement. The study of the procedural peculiarities of its termination in the course of pre-trial proceedings, as well as the existing practice of law enforcement provides material that makes it possible to outline a number of procedural rules that are universal in nature and can be applied in the future, while regulating other types of procedural contracts. In the course of study of the implementation mechanism of the pre-trial cooperation agreement, a peculiarity of procedural contracts was identified, that the obligations of one party to a procedural contract are always primary, while the other party's obligations are derivative in nature. It is reflected in the procedure for termination of the contract: the subject of the primary contractual obligation has the right to refuse the agreement observing at any time, while the same right of the second party is limited. In the case of the primary obligation keeping, the derivative obligation is transformed into a procedural obligation, and its fulfillment should be controlled of the power subjects of criminal procedure, including the court.
criminal procedural acts, procedural contract, pre-trial cooperation agreement, prosecutor
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