EXEMPTION FROM CRIMINAL LIABILITY FOR ART. 49 OF THE CRIMINAL CODE OF UKRAINE: THE ISSUE OF JUDICIAL EXPENSES

Abstract

The article is devoted to the study of the problem of recovery from the accused procedural expenses in case of closure of criminal proceedings due to dismissal of the person from criminal responsibility in connection with the end of the period of time. The existing court practice opposite interpreted the issue of recovery of court expenses in such a situation, so this issue was considered by the Joint Chamber of the Cassation Criminal Court as part of the Supreme Court. The article gives arguments in support of the judicial conclusion in this case, including the argument that the judicial practice, which provides for the imposition on the accused of compensation for procedural expenses in favor of the state and in cases of the decision to close criminal proceedings as a result of the dismissal of the person from criminal responsibility in connection with the end of the period of time, apparently testifies to the application of the courts of the extended interpretation, which in this situation is false. It is concluded that under the current legal criminal procedural regulation, the procedural expenses in case of closure of criminal proceedings against the person, regardless of what the court expenses are (in favor of the state, the victim or other participants of criminal proceedings, connected with the involvement of an expert, etc.), are not subject to criminal proceedings in case of closing criminal proceedings due to dismissal of the person from criminal responsibility in connection with the end of the period of time of the old. It is argued that the attributes of Article 124 the Criminal Procedure Code of Ukraine provides a legal basis for the limitation of the rights of the accused by interference in his right to peaceful possession of his property, which is subject to Article 1 (protection of property) of the Protocol of the first to the Convention on the Protection of Human Rights and fundamental freedoms. It is emphasized that this issue can be resolved by making changes and additions to the Art. 124 of Criminal Procedure Code of Ukraine, and in this case such penalty will be the nature of criminal procedural liability.