AGREEMENT BETWEEN THE PROSECUTOR AND THE ACCUSED ON PLEADING GUILTY IN CASES OF CORRUPTION-RELATED CRIMINAL OFFENSES: THE PUBLIC INTEREST ASPECT

Abstract

The purpose of this article is to analyse the regulatory framework and judicial practice in Ukraine regarding the conclusion of plea agreements between the prosecutor and the accused in cases involving corruption-related criminal offenses. The article examines the provisions of current criminal and criminal procedural legislation governing the conclusion of such agreements, with particular attention to the circumstances that must be considered by the prosecutor when entering into a plea agreement. An important aspect discussed in this work is that a court decision to approve such an agreement should be evaluated through the lens of safeguarding public interests, which must be understood not merely as formal compliance with the law but more broadly, taking into account public opinion. This is particularly significant when concluding agreements in corruption cases, where public expectations are exceptionally high. Future research prospects may relate to balancing the recognition of transferring funds to state needs as a matter of public interest, as well as examining technical and practical issues concerning other mechanisms of recovering such funds through criminal law instruments, such as confiscation or special confiscation. The methods used in the study include: the method of system analysis (to examine judicial practice in conjunction with legal regulation and contemporary realities); the method of legal act analysis (to explore provisions of criminal and criminal procedural legislation governing plea agreements); and general scientific methods.