ПОНЯТИЕ И ЗНАЧЕНИЕ СОГЛАШЕНИЯ О ПРИЗНАНИИ ВИНЫ В УГОЛОВНОМ ПРОЦЕССЕ: МЕЖДУНАРОДНЫЙ И НАЦИОНАЛЬНЫЙ АСПЕК

Abstract

The article substantiates the relevance of the consideration and application of the Institute for the recognition of guilt, which is new to the domestic system of criminal proceedings. The situation is justified that the guilt agreements will facilitate the simplification and acceleration of procedures at the pre-trial preparation stage and in court. The application in practice of the Institute of Agreement between the prosecutor and the suspect, accused of recognizing guilt, is aimed at the fact that the prosecutor goes to some concessions to the side of protection in exchange for recognition by the accused of his guilt. The concession of the protection side can be to reduce the amount of charge and softening the punishment. The provisions on the confession of the guilt of the fault in the articles of the Criminal Code and the Criminal Procedure Code of the Republic of Uzbekistan. Regulations were analyzed, regulating the agreement on the recognition of guilt, some foreign countries - the United States, the United Kingdom, France and Russia. The definition of the Institute of Agreement on Wine Recognition, and not the transaction, as is the name of the specified institution in the legislation of some states. The importance of the Agreement on the recognition of guilt in the criminal and criminal procedure legislation of the Republic of Uzbekistan is considered. The circumstances that must be taken into account by the prosecutor in addressing the issue of concluding an agreement on the recognition of guilt are determined. The provisions on the requirements for the form and content of the guilty recognition agreements are substantiated. Claims are identified and analyzed, which impede the conclusion of the Agreement on the recognition of guilt. Some conclusions are formulated related to the practice of the application of this institution in the National Criminal Procedure.