Criminalistic aspects of the pre-trial cooperation agreement

The subject of the study is the regularities of law enforcement agencies in the detection and investigation of crimes when applying special rules of criminal procedure in the conclusion of a pre-trial cooperation agreement. The main task was to consider the tactical bases in the activity of the investigator in preparing the persons who committed the crime to conclude a pre-trial cooperation agreement. In preparing the article scientific methods were used such as analysis, synthesis, induction, deduction, analogy, and private law methods: historical-comparative method, involving consideration of the features of formation and development of scientific concepts of this legal institution; statistical method, which allowed to formulate theoretical generalizations and conclusions based on empirical data; specifically sociological method used in conducting sociological studies (questionnaires, surveys, interviews, etc.). A pre-trial cooperation agreement is one of the argumentative and discussed institutions of the criminal procedure legislation. Traditionally, the plenary decision of the Supreme Court of the Russian Federation of June 28, 2012 No. 16 "On the court application of special procedure for criminal proceedings with a pre-trial cooperation agreement" was prepared to "help" the Code of Criminal Procedure of the Russian Federation to solve controversial and ambivalent aspects. Particularly, the plenum resolution establishes a number of issues that are not regulated by the Code of Criminal Procedure of the Russian Federation. Analysis of publications on the topic allows to make a conclusion that the question of a pre-trial cooperation agreement is not covered uniformly. Certainly, the provisions of Chapter 40.1 of the Code of Criminal Procedure of the Russian Federation aim mainly to counteract and neutralize crimes of corruption and drug crimes in organized forms of their manifestations, and analysis of the materials of law enforcement practice allows to state this. Without going deep into the procedural nuances that have been investigated enough by the representatives of the criminal procedure science, criminalistic aspects in the activities of the criminal investigator while making the pre-trial cooperation agreement are discussed. Thus, a new legal institution of criminal procedural relations will influence not only crime disclosure and investigation, but also the efficiency of legal proceedings. At the same time, the application of a special procedure for holding a court trial and pronouncing a verdict against an accused with whom a pre-trial cooperation agreement was made should not become a routine one, this should be really an exception.

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