- Journal Issues
- № 3 2017 Actual problems of criminal justice
- Problems of criminal procedure
- General provisions of the application of a reconciliation transaction
General provisions of the application of a reconciliation transaction
Review
The research provides analysis of specific issues regarding execution as well as consideration of a reconciliation transaction, concerning the age of a party that concludes a transaction, transaction initiation, parties that contributed to executing a transaction. Consideration was given to the time frames of the transaction conclusion; suggestions were made to its expanding. It was suggested to legally incorporate the obligatory participation of a lawyer while engaging into a transaction. Were examined the features of victim participation in a conviction transaction as well as modalities relating to the protection of his/her rights were proposed.
Besides, the legislation requirements as to the content of a transaction were examined (with regard to the seriousness of a criminal offense, the parties to the transaction, compensatory obligations caused by a criminal offence, effects of a transaction); were proposed legal means to improve the basis and procedure of a reconciliation transaction as well as its content. Both public and private interests of a reconciliation transaction and guilty pleas were analyzed.
Keywords: transaction, reconciliation transaction, service document, transaction party, legal aid, content of a transaction, simplified procedure.