Sham and real difficulties of transferring the text of the article 40.1 of the Criminal Procedure Code of RF into the sphere of law enforcement

The article is devoted to the new complex legal institution - pre-trial agreement on cooperation with a person charged with a crime. The author analyzes arguments «pro» and «contra» given in scientific literature and grounds the absence of insoluble contradictions in terms of judicial practice between the norms of Criminal Procedural Code of RF and provisions of General Part of Criminal Code of RF mitigating criminal punishment. The author also proves the fact that provisions of Chapter 40.1 of Criminal Procedural Code of RF are the special ones with regard to the general rules stated by the Chapter 40 and therefore they may contain exceptions from them.