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In the present study the institution of complicity is considered, namely, the authors focus on the mastermind as one of the components of complicity. This type of complicity today has, from the point of view of the scientific community, quite a large number of debatable questions about its establishment as the “person behind the crime” and bringing it to criminal responsibility. Authors have tried to disclose the existing dispute and, accordingly, to offer a solution to the present controversial issues in the legal presentation of the national legislation. These judgments in scientific research could find a more effective incrimination of the positions proposed by the authors in practice.

The article examines the concept of plea agreement under the clause 61, article 5 of the Russian Federation Code of Criminal Procedure. The author came to a conclusion that the analyzed term “plea agreement” doesn’t reflect the idea of the term defined, thus does not provide common understanding.