CONCLUSION AND CONSIDERATION BY THE COURT OF AN AGREEMENT IN CRIMINAL PROCEEDINGS ON THE APPLICATION OF CRIMINAL LAW MEASURES TO A LEGAL ENTITY IN A SPECIAL PROCEDURE

The article identifies the peculiarities of concluding and considering by a court of law an agreement in criminal proceedings on application of criminal law measures to a legal entity under a special procedure, and also the problems of regulatory regulation of these procedures. It is noted that Article 483-17 of the CPC of Ukraine, providing for the possibility of concluding an agreement in criminal proceedings on the application of criminal legal measures to a legal entity under a special procedure, introduces a new type of agreement into criminal proceedings of Ukraine (in addition to the existing plea agreement and conciliation agreement) – an agreement on the application of criminal legal measures to a legal entity. The author examines the key features of the latter. Based on the analysis of the provisions of Chapter 37-1 of the CPC of Ukraine regarding the agreement on application of criminal law measures to a legal entity, the author identifies a number of problematic issues, namely: 1) optional nature of the obligation to cooperate for the conclusion of an agreement; 2) incorrect wording ‘type and amount of measures’; 3) failure to correct the wording ‘the prosecutor has the right to postpone the referral to court ... completion of other investigative actions ...’, which has different interpretations in science and practice; 4) lack of grounds for refusal to approve the agreement; 5) uncertainty of the wording that the court must provide the reasons that it proceeded from when deciding on the compliance of the agreement with the requirements of the CPC of Ukraine and the law; 6) lack of provisions on proving the grounds for approval of the agreement. To correct the last of the above shortcomings, Article 483-19 of the CPC of Ukraine should contain an exhaustive list of grounds for refusal to approve the agreement, taking into account the specifics of criminal proceedings regarding the application of criminal law measures to a legal entity in a special procedure.