Pushkar P. Guilty Pleas in Modern Criminal Procedure: Comparative Legal Research.

The thesis is devoted to theoretical research into legal nature, substance, content and comparative analysis of guilty pleas in England and the USA, countries of continental and common law tradition. The research analyses historical and legal evolution of the plea bargaining procedures in the legislation and legal practice of foreign countries. It also examines case-law of the European Court of Human Rights in respect of plea settlements. The modern legal regulation of plea settlements has been researched on the basis of international treaties, legislation and practice of foreign countries. The possibility and expediency of introducing plea settlements into Ukrainian criminal procedure as a simplified way for examining criminal cases have been thoroughly analysed. This simplified procedure allows to shorten the lengths of criminal cases' consideration, detention on remand, saves resources of the judicial and law enforcement authorities. The author investigates the functioning of this institute in different legal systems, addresses legal and practical problems involved and makes proposals for the improvement of the aforementioned procedure. In the course of research into the matters of plea bargaining, the author meticulously studies and analyses case-law of the United Kingdom, the USA, France, Italy, Germany and other countries. He concludes that approximately 90% of all criminal cases in countries of common law tradition are disposed of by way of plea settlement procedure and only 10% of criminal cases are examined in full trial with jurors' participation or by professional judges. The thesis substantiates the need for introducing plea settlements into the criminal procedure of Ukraine. Relevant proposals to improve legislation and practice as well as compliance thereof with international legal standards of human rights protection have been submitted for consideration to the Verkhovna Rada of Ukraine.