Open AccessAppealing against Decisions on Reimbursement of Procedural Costs Made in accordance with Part 3 of Art. 131 of the Criminal Procedure Code of the Russian Federation
Author(s) -
S. R. Zelenin
Publication year - 2021
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2021.132.11.155-166
Subject(s) - appeal , principle of legality , reimbursement , russian federation , law , criminal code , political science , payment , code (set theory) , order (exchange) , judicial review , criminal procedure , criminal law , business , computer science , health care , set (abstract data type) , finance , economic policy , programming language
The legality and validity of the decisions of the investigator, inquirer and the prosecutor on the payment of the amounts related to procedural costs remain problematic due to the absence in the law of a mechanism ensuring the judicial procedure for their appeal. In order to fill this gap, the author studies the possibilities of introducing a procedure similar to the one enshrined in Art. 125 of the Code of Criminal Procedure of the Russian Federation. The paper analyzes the positions of the Resolution of the Constitutional Court of the Russian Federation No. 18-P dated May 13, 2021. It concerns the victims’ appeal against the decisions of the investigator and the head of the investigative body regarding the reimbursement of expenses for a representative. Some examples of judicial practice for resolving other disputes related to the reimbursement of procedural costs are also analyzed. It is concluded that the right of a person claiming to receive the amounts provided for in Part 2 of Art. 131 of the Code of Criminal Procedure of the Russian Federation against a judicial appeal made at his request is universal and does not depend either on his status in a criminal case, or on the type of the indicated amounts, or on the body or official that made the contested decision. Taking into account the practice of applying other norms on appealing against decisions of the investigating bodies, it was proposed to introduce Art. 125.2. The author formulate its content given the characteristics of the participants in the proceedings and the powers of the court to resolve the complaint.