Sirotkina M. Legal regulation the mechanism of concluding agreements as a means of reaching a compromise in the criminal justice of Ukraine: historical aspect

DOI: 10.33098/2078-6670.2020.9.21.119-129

Purpose. The aim of the article is to study the genesis and development of legal regulation of the mechanism of concluding agreements as a means of reaching a compromise in the criminal justice of Ukraine. Methodology. The methodology involves a comprehensive study of historical and theoretical material on this issue, as well as the formulation of relevant conclusions and recommendations.  The following methods of scientific cognition were used during the research: historical, historical-legal, terminological, formal-logical, system-functional. Results. In the course of the research it was established that the domestic experience of the development of the institution of agreements in criminal proceedings originates from Russka Pravda, which enshrined the rules of simplified proceedings, and the guilty plea directly affected the final decision. An important stage in the development of legal regulation of compromise procedures was the adoption in 1864 of the Statute of Criminal Justice. According to its provisions, if the accused pleaded guilty and his confession did not cause the judge to doubt, the judge could immediately proceed to sentencing in the case, without further investigation. In the pre-revolutionary and Soviet historical periods, the nature of criminal justice was particularly strongly influenced by the political regime. In 1918-1960 there was a significant slowdown in the development of compromise criminal procedure institutions. Scientific novelty. According to the results of the study, it is established that the institution of agreements in criminal proceedings continues its formation taking into account the historical preconditions of its development.Practical significance. The results of the research and historical experience of legal regulation can be used to improve the current legislation of Ukraine, which regulates the mechanism of concluding agreements in criminal proceedings.

Key words:agreement, compromise, admission of guilt, Ruska Pravda, Lithuanian Statute, Statute of Criminal Justice.

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