Hloba M. Application of the Agreements on Reconciliation and Admission of Guiltiness in the Criminal Law of Ukraine.

The thesis examines the models of compromise procedures in the criminal proceedings of foreign countries, describes the features of their implementation and reveals legal consequences of their application; analyses the types of penal consequences of concluding agreements in the frameworks of criminal proceedings under the Ukrainian legislation and explores the features of ensuing thereof; identifies the mechanism of legal regulation of the prerequisites and grounds for concluding such agreements; analyses the features of sentencing and release from serving a sentence with probation in case of compromise resolution of a penal conflict. It is proved that the legal consequences of concluding an agreement within the frameworks of the criminal proceedings are as follows: 1) closure of criminal proceedings; 2) release from criminal liability; 3) mandatory mitigation of punishment; 4) release from serving a sentence with probation. In this regard, it is proposed to apply the procedure for concluding reconciliation agreements with the injured party and agreements on admission of guiltiness as provided for in Chapter 35 of the Criminal Procedure Code, to general and special cases of reconciliation with the injured party, as well as to situations of active repentance provided for in the Criminal Code. It is proposed that the Criminal Code should provide special rules for mitigating the sentence for these cases, particularly in form of assigning a more lenient sentence than prescribed by the law, as well as in form of a mandatory reduction of the maximum limit of sanction of the relevant article of the Special part in the Criminal Code. It is stated that for committing corruption criminal offences the possibility of release from serving a sentence with probation in the event of concluding an agreement within the frameworks of criminal proceedings , has not been redefined.