Identification of data eviding a non-fulfillment of the persons' obligations of an instrument cooperation agreement as a basis for cancellation or changing the decision in the court of the appeal instance

Автор: Shageeva R.M., Magadieva Z.M.

Журнал: Juvenis scientia @jscientia

Рубрика: Юридические науки и политология

Статья в выпуске: 11, 2018 года.

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Code of Criminal Procedure of the Russian Federation, after the amendments introduced by the Federal Law of 03.07.2016 No. 322, provides for such an unfavorable consequence for a person who has entered into a pre-trial cooperation agreement in the event that he fails to fulfill its conditions, such as cancellation or amendment of a court decision on appeal. This consequence, along with the possibility of termination of the agreement, trial of the case in the usual manner, review of the court decision regarding the imposed punishment, is considered as the procedural responsibility of the said person. At the same time, the issue of the obligation of the person who entered into the pre-trial cooperation agreement to give truthful testimony regarding the accomplices of the crime, as well as his procedural status during the interrogation of the main case while fulfilling the conditions of the pre-trial cooperation agreement, remains debatable. The position of the Constitutional Court of the Russian Federation expressed in Resolution No. 17-P of 20.07.2016, as well as the position of the European Court of Human Rights of 04.12.2014 in the case of Alexander Valeryevich Kazakov v. Russia, which is discussed in this article.


Pre-trial agreement on cooperation, cancellation or amendment of court decisions in the court of appeal, non-compliance with the conditions and failure to fulfill obligations, the constitutional court of the russian federation

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IDR: 14113441   |   DOI: 10.32415/jscientia.2018.11.10

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