Review

The Criminal Procedure Code of Ukraine in 2012 allows the possibility of proceeding by reconciliation agreement or by plea agreement. The parties of this agreements could regulate imposition of punishment and defendant's relief from serving the punishment on parole. This questions is relating to the substantive, not procedural criminal law. During the Plenary Assembly of High Specialized Court of Ukraine for Civil and Criminal Cases was adopted resolution “On the practice of criminal proceedings on the basis of agreements”. The provisions of this resolution which deal with questions of substantive criminal law are insufficient and incorrect at the both – conceptual and particular levels.

Firstly, the Plenary Assembly of High Specialized Court of Ukraine for Civil and Criminal Cases adopted a broad interpretation of the provisions of the Criminal Code of Ukraine. For example, the last ones prescribes that reconciliation agreement or plea agreement could be made only in reference to a single crime and couldn't in reference to a multiple counts in whole. However the resolution of the Plenary Assembly admits the making an agreements with defendant in reference to all counts against him in whole.

Secondly, the Criminal Procedure Code of Ukraine admits the separation of criminal proceedings if agreement was made in reference to one of multiple offences charged against accused. Nevertheless this provision does not harmonized with the norms of criminal legislation about sentencing of repetition of offences. In such cases there aren't any special order of sentencing as compared to sentencing of single offence. So, the separation of criminal proceedings may cause a violation of accused's rights. It would be correct to assume that indicate provision of Criminal Procedure Code of Ukraine needs a restricted interpretation. But unfortunately the Plenary Assembly of High Specialized Court of Ukraine for Civil and Criminal Cases didn't try to do it.

Keywords: plea agreement, reconciliation agreement, sentencing, criminal proceeding, offence.