REGARDING THE CONCLUSION OF A PLEA AGREEMENT IN THE CRIMINAL PROCEEDINGS ON A CORRUPTION OFFENSE, ONE OF THE CONDITIONS OF WHICH IS THE APPLICATION OF ART. 75 OF THE CRIMINAL CODE

Abstract

The article examines the issue of the possibility of the conclusion of a plea agreement in the criminal proceedings on a corruption offense, one of the conditions of which is the application of Art. 75 of the Criminal Code of Ukraine. It was established that the provisions of parts 1 and 2 of Art. 75 of the Criminal Code are those that are applied in a relationship and cannot be considered as separate independent norms of law that are subject to separate application. Restrictions provided for in Part 1 of Art. 75 of the Criminal Code, apply to part 2 of this Article, including the ban on the application of the provisions of Art. 75 of the Criminal Code to persons convicted of corruption criminal offenses. It has been proven that imposing a punishment on a person for committing a criminal offense, including a corruption one, and deciding on the issue of his release from serving a sentence with probation, is carried out by the court on the basis of the provisions of the Criminal Code, which are general and cannot be applicable or not applicable to the person depending on from the form of criminal proceedings. It is substantiated that in cases of corruption criminal offenses, the public interest in ensuring a faster pre-trial investigation and exposing a greater number of criminal offenses is actually leveled off, and the consequences of approving the agreement in the form of preserving the procedural time for conducting court proceedings are clearly disproportionate to the public interest, which consists in achieving the objectives of the criminal proceedings. It has been established that the Criminal Procedure Code provides for the possibility of the conclusion of a plea agreement in the criminal proceedings related to corruption criminal offenses, the terms of which must meet the requirements of the Criminal Code, the Criminal Procedure Code and the interests of society. In view of the provisions of articles 50, 65, 69 of the Criminal Code, the court has the right to approve such an agreement if the parties have agreed on a punishment within the scope of the sanction of the article for which the person was prosecuted. Adoption of a sentence by the court on the basis of a plea agreement for corruption criminal offenses, one of the conditions of which is the application of Art. 75 of the Criminal Code, is an incorrect application of the law on criminal responsibility.