MODERN PROBLEMS OF ESTABLISHMENT SIGNIFICANT FOR THE CRIMINAL CASE OF CIRCUMSTANCES AT THE CONCLUSION OF PRE-TRIAL COOPERATION AGREEMENT

The development of modern Russian criminal justice goes in the direction of simplification of the order of activity of officials and state bodies. Models are created that exclude or limit the use of traditional methods of obtaining and researching evidence. The pre-trial cooperation agreement is one such innovative model, the application of which is based on exclusive rules of evidence. Their application in practice causes numerous problems in various spheres: from establishing the necessary facts to ensuring the rights, freedoms and legitimate interests of participants in criminal proceedings. Particularly relevant is the resolution of such problems as determining the subject of proof at the conclusion of pretrial agreement on cooperation, verification of the validity of charges brought against the accused, the recovery of certain procedural powers of the court in the study of actual data in special judicial proceedings, etc. Based on the results of scientific research of the outstanding scientist-processualist S. A. Sheyfer, the author formulates his own conclusions and proposals for the resolution of these procedural problems to establish the actual circumstances arising at the conclusion of a pre-trial agreement on cooperation.