To the issue of court practice of legislative execution about procedural costs in criminal cases

Автор: Sidorov Anatoly Stanislavovich

Журнал: Евразийская адвокатура @eurasian-advocacy

Рубрика: Актуальные проблемы адвокатской практики

Статья в выпуске: 3  (10), 2014 года.

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Purpose: An analysis of the dispositions of current procedural criminal legislation and the Determination of Plenum of Supreme Court of Russian Federation from the December, 19 2013 № 42 «On the court practice of legislative execution about procedural costs in criminal cases». Methodology: The comparative and technical law methods were used. Results: There was educed the uncertainty in regulation of use clauses 131 and 132 of the Criminal Procedure Code of Russian Federation by preliminary investigation bodies and courts. The question is in recovery of procedural costs from convicted person as honorary for lawyer who was participated in a criminal case by the investigator or court. This in turn lead not only to the participants’ violation of the rights but also to the unnecessary government’s costs. Novelty/originality/value: This article is one of the first attempts which gives the impersonal judging of the Determination of Plenum of Supreme Court of Russian Federation from the December, 19 2013 № 42 «On the court practice of legislative execution about procedural costs in criminal cases».

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Короткий адрес: https://sciup.org/14027716

IDR: 14027716

Статья научная