INSTITUTE OF AGREEMENT AS A FORM OF IMPLEMENTATION OF THE RIGHT TO COMPROMISE IN CRIMINAL PROCEEDINGS

Main Article Content

H.I. HLOBENKO

Abstract

The article is devoted to the study of certain provisions of the criminal
procedural legislation regulating proceedings based on agreements. Arguments
are given in favor of the fact that one of the effective methods of consideration of a
criminal-legal conflict between the parties to a criminal proceeding, which arose
as a result of the commission of a criminal offense, can be applied in the order of
traditional and compromise procedures. The main prerequisite for their
occurrence is the inefficiency of law enforcement using only "forceful" methods offighting crime. The effectiveness of compromise procedures in the criminal
process is proven by the rather long experience of their use in many countries of
the world community with established legal traditions.
In the practical sphere, the institution of agreements as a compromise
procedure defined in the legislation has been used in Ukraine for more than ten
years, however, it is premature to talk about its full implementation and
implementation. A detailed analysis of the provisions of Chapter 35 of the
Criminal Procedure Code of Ukraine indicates the presence of certain legislative
gaps or controversial issues that arise during criminal proceedings based on an
agreement. Conclusions and proposals were formed, which are directly aimed at
improving the criminal procedural legislation in the researched area.

Article Details

How to Cite
HLOBENKO Г. (2024). INSTITUTE OF AGREEMENT AS A FORM OF IMPLEMENTATION OF THE RIGHT TO COMPROMISE IN CRIMINAL PROCEEDINGS . Bulletin of Criminological Association of Ukraine, 33(3), 246–255. https://doi.org/10.32631/vca.2024.3.21
Section
Статті