CRIMINAL AND LEGAL CONSEQUENCES OF RESTRICTION OF THE PROSECUTOR'S RIGHT TO APPEAL A SENTENCE ON THE BASIS ON A PLEA BARGAINING

Abstract

The article analyzes the issues of legal regulation of the plea bargaining institution, which in the author's opinion do not contribute to ensuring the implementation of the objectives of criminal proceedings and contradict its principles. It is proved that the restriction of such a right is one of the preconditions for abuse by the prosecutor in concluding a plea bargaining. The author reveals the shortcomings of this institution, which negatively affect the implementation of the prosecutor as a key party to the plea bargaining of its powers and provide the prosecutor with hypothetical opportunities to abuse their rights during the conclusion of such a plea bargaining. The ways to eliminate the identified shortcomings are suggested. The inexpediency of restricting the right of a prosecutor, including a higher-level prosecutor, to appeal a sentence under a plea bargaining is substantiated, as such a restriction is one of the preconditions for abusing the prosecutor's right in concluding such an agreement. Moreover, the research does not identify sufficient grounds to restrict the prosecutor's right to appeal a sentence on the basis on a plea bargaining. The article presents the results of the study of court decisions and materials of criminal cases, which confirm that violations of the Criminal Procedure Code of Ukraine are committed by both prosecutors and judges. Moreover, the article studies the cases of violation of the rights and interests of the person in the conclusion of plea bargaining, which, in connection with the restrictions established by Part 4 of Art 394 of the Criminal Procedure Code of Ukraine, the prosecutor's right to appeal the sentence on the basis on a plea bargaining, remain unresolved. Restricting the right of a prosecutor, including a high-level prosecutor, to appeal a sentence on the basis on a plea bargaining significantly violates the rights and legitimate interests of participants in criminal proceedings and does not contribute to the effective performance of his tasks. It is proposed to secure for the prosecutor the right to appeal the sentence on the basis on a plea bargaining in case the court does not verify the circumstances provided for in Part 7 of Art 474 of the Criminal Procedure Code of Ukraine. At the same time, the author concludes that it is necessary to establish additional grounds for the court's refusal to approve the plea bargaining. As a result, in order to effectively apply this institution, it is necessary to make the significant changes to the legislation.