On some results of scientific research on the issues of application of the institute of pre-trial agreement on cooperation in criminal proceedings

The article presents some conclusions based on the results of a scientific study of the Institute of Pre-trial Cooperation Agreement. The author comes to the conclusion that this institution in its essence is an «extended» version of the mitigating circumstance provided for in paragraph «i» of Part 1 of Art. 61 of the Criminal Code of the Russian Federation, which is implemented through the use of a prescriptive-conventional form of the agreement. Due to the preliminary written confirmation of the nature and extent of the suspect’s (accused) assistance in the investigation, the initial encouraging nature of the interaction between the parties is transformed into a means of proof; relations of «assistance» transfer to a new level, providing for additional legal guarantees. The experience of the effective implementation of pre-trial agreements in criminal cases allows to expand the scope of its application. The criteria outlined in the article allow the conclusion of agreements within the framework of other legal institutes that make it possible to achieve positive post-criminal behavior of the person who committed the crime.