Reimbursement of Procedural Costs to a Defense Counsel by Appointment in Criminal Proceedings: Problems and Solutions

Abstract

The article is concerned with the issues of payment for the participation of a lawyer — a defender in criminal cases, within the framework of the institution of procedural costs. The author puts forward a hypothesis that the lack of a clear distribution of the procedure for paying remuneration to a defender for his participation in a criminal case at various stages of the process and various authorized persons entails a lack of uniformity in the application of the norms of criminal procedure legislation, as well as systemic law enforcement practice. This gives rise to a certain lack of independence of the institution of procedural costs. The author fializes the study by identifying the solution to the above problem which consists in the need of supplementing the criminal procedural legislation with imperative norms that will avoid ambiguous interpretation of the law.