The Constitutional Court (CC) supported the current procedure for reimbursement of legal costs to rehabilitated persons, indicating that the costs of paying for the services of a representative in a criminal case do not relate to procedural costs, but can be considered as harm caused by illegal criminal prosecution (Article 15 of the Civil Code). The Constitutional Court also refused to consider the complaint about the unconstitutionality of Art. 133, 135, 136 Code of Criminal Procedure and Art. 100 of the Code of Civil Procedure, noting that the rules are aimed at preventing duplication of legal proceedings.

Lawyer Alexander Nenaidenko, in a commentary for Advokatskaya Gazeta, suggested that the applicant demanded reimbursement of costs for legal assistance in a criminal case and compensation for moral damage. He noted that the Constitutional Court avoided considering the key issue of “reasonable limits” for the costs of a representative, which could lead to refusals to fully reimburse such costs by courts of general jurisdiction. Nenaidenko expressed regret that the Constitutional Court did not formulate a clear position on this issue, which could contribute to a fairer resolution of such disputes.

Source: Advokatskaya Gazeta