Problematic Issues in Concluding a Pre-Trial Cooperation Agreement at the Preliminary Stage of Investigation in the Russian Federation

Introduction. The institute of pre-trial cooperation agreement is a subject of much debate in the contemporary Criminal Law of the Russian Federation. Having been implemented to improve the crime clearance and combat organised crime, this institute unfortunately creates certain problems in the application of law at the preliminary stage of investigation. Unclear legal regulation of the agreement conclusion procedure, weak protection of the rights of the parties to the proceedings, and hidden nature of violations require a thorough study. The aim of the article is to identify the main problems arising in the frame of conclusion of the pre-trial cooperation agreement at the preliminary investigation stage and its pursuance, as well as to propose the ways to improve the criminal procedural law in the Russian Federation.
Materials and Methods. The study was based on the provisions of the Criminal Procedure Code of the Russian Federation (CPC) and Resolutions of the Plenum of the Supreme Court of the Russian Federation, statistical data of the Judicial Department of the Supreme Court of the Russian Federation, as well as investigative and judicial practice materials. Within the study, general scientific methods (dialectical method, analysis, synthesis) and specific legal methods (dogmatic, comparative-legal, and statistical) were used.
Results. The analysis of statistical data on the application of Chapter 40.1 of the Criminal Procedure Code of the Russian Federation revealed a downward trend in the number of agreements concluded. The following main problems arising in the frame of conclusion of the pre-trial cooperation agreements at the preliminary investigation stage and its pursuance were identified: unclear moment-definition of agreement conclusion, unresolved procedural status of the suspect, the risk of false testimony against the innocent persons on the part of the accused, and the lack of mechanisms for verifying the information provided by the investigator. General description of a typical participant of a pre-trial agreement was provided, and options for improving the legal regulation of this institution were proposed.
Discussion and Conclusion. The conclusions, proposals and recommendations presented in the article have theoretical and practical significance for optimizing the procedure of the pre-trial cooperation agreement conclusion and for increasing the efficiency of the preliminary investigation

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