POWERS OF THE PROSECUTOR IN CASE OF DISAGREEMENT WITH THE FULFILLMENT OF THE TERMS OF THE PRE-TRIAL COOPERATION AGREEMENT

Abstract

Abstract: in modern Russian criminal proceedings, the prosecutor is endowed with sufficient procedural powers to oversee the procedural activities of the in‐ vestigator and investigator, as well as in the implementation of criminal prosecution (Article 37 of the Code of Criminal Procedure of the Russian Federation). The conclusion of a pre‐trial agreement on cooperation with the suspect, accused – a relatively new legal institution in the Russian criminal process, in which the prosecutor takes an active part and makes the main legal decisions: the conclusion of a pre‐trial agreement on coop‐ eration with the suspect, accused and the preparation of a presentation to the court on a special procedure for making a court decision. However, the imperfection of the procedure for deciding on the disagreement of the prosecutor with the fulfillment of the terms of the agreement at the stage of approval of the indictment creates uncertainty in judicial practice. The article analyzes the specified problem and offers options for solving it.