The topicality of the subject of criminal procedural sanctions is due to the lack of a clear conceptual basis in the scientific field. This category is still the object of research within the criminal procedural responsibility and with regard to the criminal procedure compulsion. The lack of conceptual understanding of the essence of sanctions in the criminal procedure of Ukraine calls forth the pluralism of scientific approaches to this issue. Therefore the question of sanctions in the law of criminal procedure requires a proper theoretical approach.
It is stated that a criminal procedural sanction is an element of a norm of criminal procedure law which comprises both the negative consequences of failure to carry out or comply with the disposition of criminal procedural norm, and the approval, permission, related to the implementation of this disposition, is used by the state bodies and public individuals that conduct criminal proceedings. It also contains the conclusive evaluation of decisions, actions, or inactivity of the participants of criminal procedure relations.
It has been found out that the implementation of negative sanctions of criminal procedure norms is connected with the blame, condemnation of the malefactor, which is not typical for the measures of capias ad respondendum in the criminal procedure. Another distinctive feature of criminal procedural sanctions in comparison with the measures of capias ad respondendum in the criminal procedure are defining the kind and restrictions of potential monetary penalty in the former by a state body or a public individual that conducts the criminal proceedings.
It has been pointed out that the commission of the criminal procedural offense is the ground for criminal procedural responsibility while for the sanction to be imposed the offender shall fail to carry out or comply with the disposition of the criminal procedural norm.
It has been concluded that the notion which stands for the ‘sanctions of the norms of criminal procedure law’ is generic. According to the source of its perpetuation such sanctions can be divided into a) sanctions which are directly prescribed in the criminal procedure law (criminal procedural sanctions); b) sanctions of the other branches of law which ensure the disposition of criminal procedural norm.
It has been ascertained that positive criminal procedural sanctions are the sanctions that provide for the ratification, permission for the participants of criminal procedural relations to perform procedural actions and make procedural decisions, contain a positive assessment of their criminal procedural activities, and are aimed at satisfying the public interest.
It has been justified that the sanctions are considered to be negative criminal procedural ones when they prescribe the unfavourable consequences for the participant of criminal procedure relations, who has violated the disposition of the norm of criminal procedure law and contain the blame and negative evaluation of his/her procedural decision, actions, inactivity.
The paper also points out that the division of criminal procedural sanctions into the sanctions of restoration of rights, punitive, invalidity as well as not entirely defined, relatively defined and alternative ones cannot be considered exhaustive as long as it reveals the essence of merely negative sanctions.
It has also been suggested to classify the negative procedural sanctions according to the nature of negative consequences they entail, sanctions which point at the negative consequences of a physical and pecuniary nature, and the sanctions which point at the negative consequences of an organizational nature.
To strengthen the legal liability of the participants of criminal procedure relations, a proposal was made to expand the system of criminal procedural sanctions, providing in Part 1 of Art. 324 of the CPC of Ukraine that in case of non-appearance without good reason or failure to notify the reasons for non-appearance at the hearing of the prosecutor or defence counsel in criminal proceedings, in which their participation is mandatory, the court imposes on them the costs related to the adjournment.
The conclusions, theoretical foundations and scientifically-based proposals formulated within the framework of studies can be further used: a) in the law-making process – for the improvement of regulation of criminal procedure sanctions; b) in law enforcement – while resolving issues related to the application of criminal procedural sanctions or in the process of enhancing the expertise of judges, procurators, crime investigators, advocates; с) in the research and academic work – in teaching the studying of the course «Criminal procedure law of Ukraine», in the preparation of methodological materials, lecture courses, special courses, manuals, textbooks, scientific and practical comments to the CPC of Ukraine.
