Gadgiev J.J. The Grounds and Procedure for Modification or Termination of Pre-Trial Agreement on Cooperation

DOI: https://doi.org/10.15688/lc.jvolsu.2017.3.20

Jamal J. Gadgiev, Degree-Seeking Student, Department of Criminal Procedure and Criminalistics, Volgograd State University, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation; Second Unit of the Office for Procedural Control, Central Investigation Department of the Investigative Committee of the Russian Federation in the City of Moscow, Arbat St., 16/2, bld. 1, 119002 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction: the competent and smart use in the criminal procedure of such a legal instrument in the fight against crime as a pre-trial cooperation agreement and its implementation is of considerable importance for fullscale criminal investigation. In addition, it facilitates the exposition and prevention of new crimes, the establishment of all persons who committed wrongful acts, the location of crime instruments or of stolen property. In this connection, the author of the study sets the aim to bring the most relevant and up-to-date proposals for regulating the grounds and procedural order for modification or termination of the pre-trial cooperation agreement.
Methods: the methodological framework for this study is a set of scientific methods, among which the main place is occupied by the methods of systematicity, analysis and the comparative law method.
Results: grounded in the work the author’s standpoint is based on the law and practical application of the pre-trial cooperation agreement by the bodies of preliminary investigation. On the basis of the legal and comparative analysis of civil law and criminal procedure rules there is drawn the analogy between the characteristics required for the modification and termination of the agreement depending on the circumstances encountered in the implementation of the already concluded agreement on cooperation.
Conclusions: as a result of the research the author determined the algorithm of the modification or termination of the pre-trial cooperation agreement on certain grounds. It is established that the considered aspects will allow improving the efficacy of the pre-trial cooperation agreement in the criminal procedure with respecting the rights and legitimate interests of the persons interested in such a “deal”. 

Key words: pre-trial cooperation agreement, termination or modification of the agreement, prosecutor, accused, suspect, preliminary investigation bodies.

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