Sirotkina M. Теория и практика реализации права на компромисс в уголовном процессе Украины

This thesis is the first in Ukraine comprehensive monographic study of theoretical and legal foundations of the right to a tradeoff in a criminal process substantiating a number of concepts, provisions, conclusions, and suggestions conceptual for theory and practice. The key international legal principles of exercising the right to a tradeoff in criminal proceedings and procedural guarantees of exercising this right have been defined. The essence of the legal conflict has been revealed and it has been substantiated that the criminal-legal conflict is primary in relation to the criminal-procedural conflict. The features of the criminal-procedural conflict have been highlighted and its definition has been proposed. The definition of criminal-procedural tradeoff and the right to a tradeoff in criminal proceedings has been developed. It has been proved that forms of exercising the right to a tradeoff in criminal proceedings are as follows: exemption from criminal liability in connection with reconciliation of the guilty with the victim, agreements on reconciliation and plea bargain, as well as mediation. It has been justified that the pragmatic type of criminal proceedings is introduced in Ukraine.