The idea of a criminal-procedural compromise when terminating a criminal prosecution as a result of an amnesty act

Introduction: the article is devoted to the study of author’s idea of the existence of a criminal procedural compromise when terminating criminal prosecution against a suspect or defendant as a result of the issuance of an amnesty act. Materials and Methods: the methodology of the study was dialectical method of scientific cognition, historical, comparative-legal, and logical methods. The author also used such methods as observation, analysis, synthesis. To substantiate the findings the author used the results of questionnaires and interviews with individual participants. The basic research for this issue were doctrinal sources, as well as domestic legislation, judicial reviews, statistical results, and investigative and judicial practice. Results: under the proposed idea the author states that the current criminal procedural institution of terminating a criminal prosecution as a result of an amnesty act possesses a certain dispositive property which ultimately produces a powerful space to create compromise legal relations in the Russian criminal process, including acting as a separate tool in the fight against certain types of crime. The analysis of the studied criminal cases terminated as a result of the amnesty act, as well as the opinions of individual scientists confirms the author's position of the existence of a compromise between its stakeholders in this procedure. There are two interested parties involved. On the one hand - the state in the face of the supreme body of legislative and executive powers (State Duma of the Federal Assembly of the Russian Federation, law enforcement and judicial authorities), which initiated and applied amnesty and gave it legal force of law enforcement act, on the other hand - the person falling under the amnesty and agreeing with its main provisions, which, ultimately, certainly, forms contractual relations and contributes to achieving a compromise. Discussion and Conclusions: the author concludes that the investigative and judicial practice of termination of criminal prosecution due to the act of amnesty and the need of further improvement of such compromise proceedings in current criminal proceedings is effective.