CURRENT ISSUES OF REGULATION OF THE RECOVERY OF PROCEDURAL COSTS OF CRIMINAL PROCEEDINGS IN THE REPUBLIC OF KAZAKHSTAN
Keywords:
recovery, procedural (judicial) costs, judicial process, compensation of expenses, expenses, criminal proceedings, state feeAbstract
The scientific article is devoted to the issue of recovery of procedural costs in the Republic of Kazakhstan. Based on the analysis of statistical data, the authors established a low level of execution of court decisions on penalties, including procedural costs, in criminal cases. The study of sentences in criminal cases allowed the authors to identify ambiguous judicial practice in resolving the issue of collecting procedural costs from guilty persons. in this connection, legal measures are proposed to improve the criminal procedure legislation regulating the procedure for collecting costs. Also, the authors used mathematical methods to make an approximate forecast of the receipt of funds from the procedural costs, in case of implementation of the proposed changes. The current legal mechanism does not encourage participants in legal proceedings, especially the perpetrator, to resort to mediation procedures and avoid lengthy litigation. The amount of the recovered costs at the pre-trial stage does not differ significantly from the court one, which allows the perpetrator to abuse his right to judicial review of the case, to use the entire mechanism of criminal proceedings without suffering negative consequences. These conclusions are based on the study of statistical data on pre-trial proceedings terminated on non-rehabilitative grounds and on the administration of justice in criminal cases. The study of the experience of foreign countries allowed us to identify positive aspects of the regulation of procedural costs. The main conclusion of the study is that it is necessary to expand the list of persons and types of costs to be compensated, which will protect the property rights of participants, as well as increase the cost of criminal proceedings and become a deterrent to unjustified court proceedings.