Действие принципа охраны прав и свобод человека и гражданина при заключении досудебного соглашения о сотрудничестве: дискуссионные вопросы науки и правоприменительной практики

The article are researched the opinions of scientists and experts in action of the principle of protection of the rights and freedoms of the person and the citizen in the conditions of a special order of judicial proceedings. The most debatable aspects are analyzed: the need of consent receipt of the victim to the conclusion with suspected (defendant) of the pre-judicial agreement on cooperation (JAC ); the possibility of conclusion of JAC along with several accused (suspects), made responsible on one criminal case; the need of an explanation of the rights and duties to suspected (defendant) about a possibility of the conclusion of JAC . Conclusion about lack of a consensus about action of the principles of criminal trial in case of the conclusion of JAC about cooperation is reasoned that demonstrates debatability of the studied questions in law-enforcement practice. The conclusion about need of introduction by the legislator of the amendments directed to elimination of shortcomings of practice of application of the norms provided by chapter 40.1 of the Criminal Procedure Code of the Russian Federation is drawn.