Controversial issues of the implementation of judicial discretion in the consideration of criminal cases at the conclusion of a pre-trial cooperation agreement

The article examines the issues of the specifics of the implementation of judicial discretion in the consideration of criminal cases in which a pre-trial cooperation agreement has been concluded. As a result of the research, the author comes to the conclusion that the legal regulation of a special procedure for making a court decision when concluding a pre-trial cooperation agreement does not allow the right of the accused to be adequately protected. This is due to the lack of a procedural guarantee for the consideration of a criminal case under the rules of Chapter 40.1 of the Code of Criminal Procedure when the accused fulfills the conditions of a pre-trial cooperation agreement, since the pre-trial agreement on the part of the state is concluded by the prosecutor, who subsequently checks its execution, and the decision on the procedure of judicial proceedings is made by the court, which may disagree with the prosecutor and the public prosecutor and to make a decision on the consideration of a criminal case in a general manner, which may entail negative consequences for the accused in connection with his earlier fulfillment of the terms of the pre-trial cooperation agreement (assistance to the investigation).