Problems of ensuring the consideration of criminal proceeding on grounds of taking a plea bargain by independent and impartial court

The Convention on Human Rights and Fundamental Freedoms contains the provision that everyone is has a right to a fair and public consideration within a reasonable period of time by an independent and impartial court established by law that resolves a dispute over his civil rights and duties or establishes the validity of any charge against him. In the structure of the right to a fair trial, the guarantee of the case consideration by an independent and impartial court is of paramount importance. It is no coincidence that in all national legislations this provision finds its consolidation as a general foundation of the court system and court proceedings. The article investigates the issue of ensuring the right of an individual to a fair and public trail by an independent and impartial court established by law after sending by a prosecutor a bill of indictment to the court with a plea bargain by parties. Methods of modelling, abstraction and generalisation were used in the research work. The problem of determining the court which will consider a criminal proceeding at the time of passing judgement on singling out a case in the individual proceeding in connection with taking a plea bargain is considered in the systemic connection with law-interpretive practice of the European Court of Human Rights which formulates approaches to understanding the concepts of "court established on grounds of law" and "impartial court". Developed proposals are aimed at the algorithmisation of procedure for singling out in the individual proceeding the criminal proceeding against an individual (or in-dividuals) with whom the bargain was taken, and the judgement of the court which will con-sider a case. It is established that when taking a plea bargain during the preparatory proceed-ing with one individual who committed a crime of complicity, the criminal proceeding against this individual must be singled out in the individual proceeding which is registered as received by the court on the day of the court judgement on singling out and is subject to automated dis-tribution in the general order. It is established that it is difficult for judges, who considered the proceeding on grounds of the bargain, to abstract away from the circumstances that became known to them at the time of passing judgement on grounds of the agreement and be impartial because they already have an idea of the circumstances of the criminal offence and the guilt of the accused