РОССИЙСКИЙ ИНСТИТУТ ДОСУДЕБНОГО СОГЛАШЕНИЯ ОСОТРУДНИЧЕСТВЕ С УЧЕТОМ КАЗАХСТАНСКОГО ОПЫТАПРОЦЕССУАЛЬНОГО СОГЛАШЕНИЯ О СОТРУДНИЧЕСТВЕ

Abstract

The article studies the problems connected with introduction of the institute of pre-trial cooperation agreement into the Russian criminal process taking into account the legal regulation of procedural cooperation agreement in the Republic of Kazakhstan and proposes their solution. First of all, it is the question of compliance of this institute with the modern Russian criminal procedure and its purpose, the problem of allocation of a separate criminal case in respect of a person with whom a pre-trial agreement on cooperation is concluded, as well as the problem of determining the legal nature of this institute. In the course of the study the author came to the conclusion that the institute of pre-trial cooperation agreement, taking into account the legal regulation of cooperation agreement in Kazakhstan, is one of the tools of the compensatory model of criminal proceedings, allowing voluntary peaceful and non-confrontational way to resolve the conflict arising as a result of committing a crime.