Legal nature of the agreement on the use of security measures in relation to criminal proceeding participants

¹ Financial University under the Government of the Russian Federation, Department of International and Public Law, Moscow, Russia
² Moscow University of the Ministry of Internal affairs of Russia named after V.Ya. Kikot, Department of Criminal Procedure, Moscow, Russia

^* Corresponding author: navlagri@mail.ru

Abstract

The relevance of the study is due to the presence of a set of theoretical and practical issues and gaps in the legal regulation of the agreement concluded with the protected person on the conditions of security measures, mutual obligations, and responsibility of the parties. In this regard, based on an independent scientific study, the article attempts to substantiate the legal nature of the specified agreement as a special legal institute based not only on the rules of criminal procedure but also on civil law, since civil law determines the general provisions of agreements. In implementing the provisions of the institute of state protection of criminal proceeding participants, the leading research method is justified as increasing the effectiveness of legal norms on security measures through modeling the most optimal algorithm of the agreement with the person subject to state protection. Based on the results of the data obtained, the analysis of factors positively and negatively affecting the procedure of making decisions on security measures and the conclusion of the agreement was also carried out. The article focuses on the practical orientation of the results, which provide methodological and applied assistance to employees of state protection bodies in criminal cases. As a result of the study, the authors justify the need to develop a standard form of the agreement; the form, structure, and content of the agreement are proposed; the possibility of improving the legal framework through the development and adoption of a particular regulatory legal act of an open nature regulating the order of the agreement in the system of internal affairs bodies is determined. The research will provide academic, organizational, and legal assistance to state defense departments and investigators, inquirers, prosecutors, teachers, students, and anyone interested in ensuring security in criminal proceedings.