DEVELOPMENT OF CONSTITUTIONAL PROVISIONS ABOUT THE GUARANTEES OF HUMAN RIGHTS IN THE FEDERAL LAW № 376 AS OF OCTOBER 30, 2018

According to the Federal Law No. 376 as of October 30, 2018 the system of criminal procedure participants is complemented by a person, whose case is allocated into separate proceeding because of conclusion of pre-trial cooperation agreement with him/her. According to the amendments introduced into the Criminal Procedure Code (CPC), such person can be considered as a separate participant of criminal proceeding only in situations where he/she is involved in procedural actions with respect to him/her crime accomplices. A person has a procedural status of suspect, indictee, defendant within the criminal case, in which this person concluded a pre-trial cooperation agreement. The adoption of this Law can be regarded as a reaction on Constitutional Court Decision No. 17 as of July 20, 2016 «Case of checking Article 56 parts 2, 8, Article 278 part 2 and chapter 40.1 of the Criminal Procedure Code of Russian Federation in relation with complaint of Mr. D.V. Usenko». By this decision the federal legislator was obliged to introduce amendments into the CPC of the RF concerning the participation of an indictee in separate proceeding because of conclusion of pre-trial cooperation agreement with him/her, in trial of main case in order to testify against his/her crime accomplices.