LEGAL FEES IN THE CRIMINAL PROCESS: THE CONCEPT AND FEATURES

Authors

  • A.T Karipova
  • Y.A. Omarov
  • A.J. Akishov

Keywords:

: legal fees; payments; costs; expenses; budget; participants in the process; law enforcement agencies; expertise, legal fees, payments, budget, participants in the process, law enforcement agencies, expertise, costs, expenses

Abstract

 In 2018, 639.99 billion tenge was allocated from the budget to ensure public order, security, legal, judicial, criminal and executive activities, which represents about 8 % of all public expenditures. A significant share of the costs associated with the investigation of the crime. The amount of the procedural costs established by the court for reimbursement for the same period amounted to only 0.6 %. The authors generalize the practice of procedural costs recovery in criminal cases, completed by the courts, as well as terminated at the pre-trial stage. The analysis of norms of the Kazakhstan legislation and the opinions of procedural law scientists allowed to select the characteristics of the procedural costs, their content. The study found that not all costs associated with the criminal proceedings, the legislator refers to the procedural costs. Moreover, the code of Criminal procedure of the Republic of Kazakhstan does not contain the concept of procedural costs, only their types are indicated. The definition of "procedural costs" given by the Supreme Court of the Republic of Kazakhstan in the regulatory decision also requires significant improvement. Despite the complexity of this definition, in our opinion, it does not cover the important features of this procedural institution. Comparative legal analysis revealed some differences in the legal regulation of procedural costs in the legislation of the CIS countries. According to the results of the study, new types are proposed through the specification of cost signs, their author's definition is formulated, as well as changes and additions to legislative acts. The conclusions can be used in law-making, as well as in scientific research in the field of criminal procedure and criminology.

Published

30.06.2019

How to Cite

Karipova А. Т., Omarov . Е. А. ., & Akishov . А. Ж. (2019). LEGAL FEES IN THE CRIMINAL PROCESS: THE CONCEPT AND FEATURES. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 2(56). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/346