SONE FEATURES OF THE CONCLUSION OF AN AGREEMENT ON THE RECOGNITION OF GUILT IN THE CRIMINAL PROCESS OF UKRAINE THROUGH THE PRISM OF FOREIGN EXPERIENCE

Abstract

Тhe article focuses on the introduction into the domestic criminal process of such a special procedure of criminal proceedings, as proceedings on the basis of agreements. In particular, the peculiarities of concluding an agreement on the recognition of guilty, and the legislative consolidation of the conclusion of such an agreement are investigated. The institute of the agreement on recognition of guilty pleas in criminal proceedings of the USA and the Russian Federation is also considered.

Criminal proceedings on the basis of agreements is an absolute story of the criminal procedural legislation of Ukraine, which needs special attention and research. The possibility of consolidating this procedural institute in domestic criminal procedural law has been discussed for a long time at conferences and round tables, as well as in the pages of scientific legal publications devoted to the problems of reforming criminal justice. In the criminal justice system of Ukraine, as in many other countries of the world, there is a problem of differentiation of the procedural form, acceleration and simplification of judicial proceedings, provided that the rights and legitimate interests of the participants of the process are observed. Such "negligence" of justice is particularly aggravated in the event that sufficient evidence is provided to the court that the person is guilty of committing a crime, and that she does not object to her guilt, and therefore it is possible to resolve the matter without full judicial review.