The concept of criminal procedure contract

The Russian law of criminal procedure has accumulated plenty of special criminal proceedings that claim to have independent significance and doctrinal recognition. They all are based on the agreement of the parties: the state prosecution represented by the prosecutor (investigator), on the one part, and the defense and the accused on the other. Meanwhile, the disposal of the accusation and its grounds is limited both at the doctrinal, theoretical, and ideological levels, and in the positive legal model. There is a need for a more consistent introduction of the contractual model into the criminal proceedings, which implies that the parties are no longer limited in their disposal of procedural and material components of the accusation as well as of the factual basis elements. Specifically, the Russian law of criminal procedure should allow and then spell out the possibility and forms of its implementation to mitigate the accusation by consent of the parties. In turn, the accused, by agreement, is obliged to carry out post-criminal actions in favor of the prosecution, including assisting in criminal prosecution, compensation for damages, etc.

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