Standardisation of the Concept of Procedural Costs in the Criminal Procedure of Ukraine

Abstract

The article reveals topical issues related to the legal regulation of procedural costs in the criminal procedure of Ukraine. It is emphasized that the legislative standardisation of this concept is important because, on the one hand, it is an integral economic component of the State, and on the other, the embodiment of the practical implementation of the principle of procedural economy. The author argues that, in contrast to the previous term, “court costs,” the term “procedural costs” in relation to this concept is more accurate, since such costs are connected not only with court proceedings but also with pre-trial investigation. The lawmaker's involvement of costs associated with providing legal aid in procedural costs is recognized as positive. The study of procedural costs under the legislation of individual foreign countries is considered, accordingly, the CPC of Ukraine should be amended. Based on the results of the study, it was concluded that it is necessary to expand the list of procedural costs that today need reimbursement. In particular, the existing list of procedural costs should be added, as follows: 1) costs related to reimbursement of material losses incurred as a result of investigative (search) actions by victim witnesses and other participants involved in criminal proceedings; 2) costs related to applying security measures to participants in criminal proceedings and other persons who contribute to the prevention and disclosure of a criminal offense, as well as their close relatives; 3) costs, related to payment of lump sum cash assistance in the event of the decease (death) of a person or in the event of personal injury or other harm to his health in connection with participation in criminal proceedings. The aim of the article is to determine the modern model of the concept of procedural costs, to highlight its positive aspects and to form certain ways of its improvement on the basis of foreign experience study. To achieve this goal, the authors use historical, system-structural and comparative-legal methods, which enable to formulate scientific proposals and conclusions.