ABUSE OF PROCEDURAL POWERS IN CRIMINAL PROCEEDINGS ON THE BASIS OF AGREEMENTS

Abstract

The purpose of the article is to analyze the norms of current legislation, legal literature and court practice to highlight the theoretical and practical features of the abuse of procedural powers during criminal proceedings based on agreements, as well as the mechanisms of their counteraction and prevention. During the implementation of criminal proceedings on the basis of agreements, procedural powers are abused by authorized persons, which causes adverse consequences both for the parties to the criminal proceedings and, in general, for the performance of the tasks set before him. The article is aimed at highlighting the theoretical and practical features of abuse of procedural powers in criminal proceedings based on agreements and the mechanisms of their counteraction and prevention. The author analyzed the purpose and procedural order of criminal proceedings on the basis of agreements, the main types and specifics of concluding plea and reconciliation agreements, as well as defined the role and system of procedural powers of the prosecutor during their conclusion and support in the preparatory court session. Based on the results of the study, the author's understanding of the term "abuse of procedural powers in criminal proceedings" is provided. Besides, the author identifies the specifics of abuse of procedural powers in criminal proceedings based on agreements, in particular, the subjects of such overuse and their consequences. Particular attention is paid to the disclosure of the methods of such overuse based on the materials of law enforcement practice. It is argued that the current criminal procedure legislation provides for two key mechanisms for preventing and combating the abuses under study - judicial control and legal (disciplinary) responsibility. The author emphasizes the need to enshrine the prohibition of abuse of procedural powers in the CPC of Ukraine, increasing the effectiveness of existing mechanisms, and to develop the practice of fair use of procedural powers in criminal proceedings and raising the professional and morally strong level of authorized persons.