The unity of the legal nature of the institute of bargains in private and public subsystems of law in Ukraine

The article is devoted to the institution of bargains. The common and distinctive features of bargains in the private and public subsystems of law in Ukraine have been analyzed. The material is discussed through the prism of the institute of bargains in the criminal procedural law of Ukraine, namely, a settlement agreement and a plea bargain. The author provides the classification of bargains, analyzes the characteristics of certain groups, in particular: the substantive and procedural legal bargains, civil procedure and criminal procedure bargains. It is proved that the substantive and procedural legal bargains have a number of common and distinctive features. The unifying factors are the reciprocity, voluntary, mutual benefit, equality counterparties, controlling and certifying the participation of the state. The distinctive features are the following: the prevalence in different subsystems of law, the ratio of the general procedure for the construction of relationships, the degree of freedom of contract, the purpose of deal, the nature of mutual benefit, the number of parties, the name. The bargain in civil procedure and criminal procedure should be allocated as the certain types of procedural law bargains. The comparison also provides an opportunity to confirm as a fact relationship of these institutions, and to establish a number of fundamental differences. The enlargement of the scope of private interest in the criminal procedure law of Ukraine and the convergence of this branch of law with the classical branches of private law are demonstrated.