Problems of determination and distribution of procedural costs in criminal proceedings

Abstract

The article deals with the issues of determination and distribution of court costs during criminal proceedings. On the basis of the generalization of judicial practice, it was concluded that there was no unity in the approaches to determining the types of procedural costs in criminal procedure, the assignment of litigation fees to court costs. The terminology used in the criminal procedural and civil procedural legislation is analyzed. This gave the possibility to state the inappropriateness of identifying the concepts of «procedural expenses» and «court costs», because the latter are broader concept, since in civil proceedings the court costs include litigation fees and expenses which are connected with the hearing of the case. It is concluded that it is inappropriate to charge the litigation fee from the victim, who submit to the accused the civil action in criminal proceeding, and in connection with this the charge from the accused the litigation fees as a procedural expense.