Open AccessOn the powers of the court in resolving the issue of the distribution of procedural costs
Author(s) -
S. R. Zelenin
Publication year - 2021
Publication title -
rossijskaâ ûsticiâ
Language(s) - English
Resource type - Journals
ISSN - 0131-6761
DOI - 10.18572/0131-6761-2021-2-33-35
Subject(s) - supreme court , legislature , law , certainty , political science , duty , distribution (mathematics) , administrative court , law and economics , economics , mathematical analysis , philosophy , mathematics , epistemology
The correct resolution of the issue of the distribution of procedural costs remains problematic due to the incompleteness and lack of certainty of legislative regulation, as well as the Identification of the reasons for contradictory practices involves the study of the powers of the court related to making decisions on collecting costs from the convicted person or assigning them to the Federal budget. The article provides a brief overview of court decisions taken in cases where violations committed during the preliminary investigation prevent the court from investigating the issue of procedural costs in its entirety. Special attention is paid to the analysis of the norms of the law regulating the court’s decision-making and explaining their positions of the Supreme Court of the Russian Federation. The study makes it possible to conclude that the court’s powers to resolve the issue of distribution of procedural costs are imperative, which does not allow the court to evade this duty and does not depend on the opinion of the parties. The author formulated proposals to clarify the wording of article 132 of the Criminal Procedure Code of the Russian Federation, aimed at improving the effectiveness of this provision, as well as the addition of explanations of the Plenum of the Supreme Court.