About some problems of a special order of consideration of a criminal case when concluding a pre-trial cooperation agreement

The article discusses the specific problems of a special procedure of judicial proceedings at the conclusion of a pre-trial cooperation agreement (hereinafter - DSS), the solution of which will help to exclude the violation of the rights of both the accused who concluded this agreement and the victim. In addition, the author identifies a number of stages of the court's consideration of the case in a special order when concluding the DSS, which include preparatory, definitive, evaluative, permissive and final. A number of procedural conditions for the application of a special procedure for judicial proceedings at the conclusion of the DSS are also analyzed. Materials and methods: the normative base of the conducted research consists of the Constitution of the Russian Federation, criminal and criminal procedure legislation, resolutions of the Plenum of the Supreme Court of the Russian Federation regulating the special procedure of proceedings in the case of the conclusion of the DSS, reviews of judicial practice. The methodological basis of the research is the universal dialectical method of scientific cognition, as well as other general scientific methods: comparison, deduction, induction, analysis, synthesis, generalization, observation and description. The results of the study: allowed us to identify a number of procedural problems that arise when applying the norms of the institution in question. Certain provisions regulating the procedure of legal proceedings at the conclusion of the DSS need to be improved, in connection with which a number of amendments to the current criminal procedure legislation are proposed. Fingdings and Conclusions: It seems necessary to endow participants in the criminal process (the accused, the victim, the defender) with additional procedural guarantees when applying a special procedure for considering a criminal case with a prisoner of the DSS.