Current issues of pre-trial agreement on cooperation

Introduction: the paper is devoted to the provisions of Chapter 40.1 of the Criminal procedure code of the Russian Federation concerning the implementation of pre-trial agreement on cooperation in criminal proceedings, proposals on improvement of legislation and investigative practices. The aim of the study is to reveal the imperfection of the legislation and investigative practices. A number of typical situations that arise in the investigation of criminal cases that concluded pre-trial cooperation agreement is considered. Special attention is paid to the admissibility of evidence obtained during implementation of the pre-trial agreement on cooperation. Materials and Methods: while preparing the paper, the generalization of judicial and investigation practice were held, moreover, statistical information about the use of pre-trial agreement on cooperation was analyzed. Results: peculiarities of application of pre-trial agreement on cooperation, as well as conflicting approaches to its implementation in criminal proceedings were identified. Discussion and Conclusions: it is necessary to strengthen the role of the investigator in the implementation of the pre-trial agreement on collaboration: the investigator must confirm the performance (failure) by the accused of the conditions of the concluded pre-trial agreement on cooperation.