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This is an Open Access article, distributed under the terms 
of the Creative Commons Attribution CC BY 4.0

1 Zaporizhzhia National University, Ukraine (corresponding author)
E-mail: 0667202628roman@gmail.com
ORCID: https://orcid.org/0009-0008-1202-5535
2 Taras Shevchenko National University of Kyiv, Ukraine
E-mail: 1966lkos@gmail.com
ORCID: https://orcid.org/0000-0002-2243-1173
3 Taras Shevchenko National University of Kyiv, Ukraine
ORCID: https://orcid.org/0000-0002-8093-3892

DOI: https://doi.org/10.30525/2256-0742/2025-11-2-310-314

MECHANISM FOR ENSURING THE RIGHTS  
OF PARTICIPANTS IN CRIMINAL PROCEEDINGS:  

BALANCE OF SOCIO-ECONOMIC AND LEGAL FACTORS
Roman Barannik1, Olena Kostiuchenko2, Liudmyla Dunaievska3 

Abstract. Research subject. The article analyses the mechanism of ensuring the rights of participants to criminal 
proceedings, focusing on the interconnection of socio-economic and legal factors. The study covers procedural 
guarantees, institutional powers and the impact of general social conditions on the exercise of the rights of 
participants in the proceedings. The methodology includes a comprehensive approach that combines the analysis 
of the legal framework, statistical data, as well as theoretical provisions of criminal procedure and economics.  
The research uses the methods of analysis, synthesis, comparative jurisprudence and economic analysis to assess 
the impact of economic conditions on the efficiency of criminal justice. The purpose of the study is to identify the 
optimal balance between social, economic and legal factors affecting the protection of the rights of participants to 
criminal proceedings. Particular attention is paid to the analysis of procedural costs as an indicator of the efficiency 
of the justice system. The results of the study are expressed in the formation of factors that serve to establish a 
balance between the socio-economic and legal aspects of the mechanism for ensuring the rights of participants to 
criminal proceedings. Findings. It has been proved that for the effective functioning of the mechanism for protection 
of the rights of participants to criminal proceedings, an integrated approach is required which takes into account 
both legal and socio-economic aspects. The authors propose the ways to optimise procedural costs by introducing 
the principles of saving procedural resources and increasing the efficiency of their use. The paper emphasises the 
role of a stable economy and social policy in the formation of a fair justice system.

Keywords: criminal justice, pre-trial investigation, court proceedings, economic balance, social justice, procedural 
economy, mechanism for ensuring and protecting the rights of participants in criminal proceedings.

JEL Classification: K140, K410, Z130

1. Introduction
The field of criminal justice is not a standalone  

entity; rather, it is a component of a broader societal 
framework. Within this framework, the criminal  
justice system interacts with and is influenced by 
economic and social conditions that are characteristic 
of a given society. The primary objective of the criminal 
justice system is to ensure justice through the fair and 
lawful consideration of criminal cases. This objective 
forms part of a broader social function, which includes 
maintaining trust in state institutions, shaping legal 
culture and preventing crime.

The socio-economic conditions in which the  
criminal justice system operates determine both 

its accessibility to citizens and the effectiveness of 
its procedures. For example, high levels of poverty, 
unemployment, inequality (Garland, 2023) or 
underfunding of law enforcement and the judiciary  
can lead to systemic human rights violations, biased 
justice or abuse by those in authority. At the same 
time, a stable economy, a high level of education and an 
effective social security system can create a favourable 
basis for the establishment of the principles of fairness, 
competition and legality in criminal proceedings.

Criminal proceedings serve not only as 
a tool for responding to criminal offences, but also as 
a marker of the level of civilised development of society.  
The effectiveness of its functioning is an indicator  



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of the degree of realisation of human rights, the rule of 
law, as well as the level of trust in the state in general.  
In this context, the criminal process can be seen 
as a mirror of the socio-economic structure of the 
state, which allows identifying not only legal but also  
systemic social problems that require a comprehensive 
solution. The results of criminal proceedings have 
a direct impact on the economy and social structure 
of a state. In particular, bringing a person to criminal 
liability in some cases can cumulate social injustice  
and cause economic hardship (Pleggenkuhle, 2018).

The basis of criminal proceedings is the mechanism 
of ensuring the rights of participants in criminal 
proceedings, which is defined by Kuchynska O. P.  
as an interacting complex system that includes 
a number of components: 1) procedural guarantees; 
2) institutional powers of certain officials and bodies; 
3) general social conditions (Kuchynska, 2013).  
Taken together, they ensure the legitimate exercise 
of the rights of participants in criminal proceedings,  
and, where necessary, their protection, defence  
and/or restoration. General social conditions 
include the factors and factors that directly affect 
the implementation of this mechanism. Social and  
economic conditions serve as a prerequisite for the 
development of criminal justice (Barlow, Barlow, 
& Chiricos, 1993), and, accordingly, for the proper 
functioning of other components of this mechanism.

The implementation of the mechanism for ensuring 
the rights of participants in criminal proceedings is 
closely linked to the need to pay procedural costs. 
Procedural expenses are material costs provided for 
by the CPC of Ukraine that meet the needs of pre-
trial investigation and court consideration of criminal 
cases. They include expenses for legal aid, expenses 
for the participation of victims, witnesses, experts, 
transportation and storage of evidence (Voloshanivska, 
Yepryntsev, & Hanenko, 2023). The basis for  
procedural expenses is the state budget, which is formed 
and filled at the expense of taxpayers. Accordingly, 
taxpayers, who, on the one hand, are a source of funding 
for criminal proceedings, and on the other hand, 
are subjects that may be subject to the mechanism 
of ensuring the rights of participants in criminal 
proceedings, strive to form an appropriate balance 
between their expenses and the potential effectiveness 
of the mechanism of ensuring the rights of participants 
in criminal proceedings. For this reason, there is a call 
among economists to analyse criminal proceedings 
using economic categories (Monzingo, 1977).

2. Analysis of the Components  
of the Mechanism for Ensuring the Rights  
of Participants in Criminal Proceedings

The mechanism for ensuring the rights of participants 
in criminal proceedings is a system of interrelated 

elements that ensure the exercise and protection of the 
rights of persons involved in criminal proceedings.

Procedural guarantees are legal norms enshrined 
in the criminal procedure legislation that establish 
the procedure for exercising the rights and freedoms 
of participants in the proceedings, as well as ensure 
compliance with the principles of adversarialism, 
presumption of innocence, right to defence, etc.  
In the theory of criminal procedure, these include 
the right to silence, the right to a lawyer, the right to  
appeal against procedural decisions, the right to be 
acquainted with the materials of the proceedings, and 
clearly defined terms of detention and trial.

The institutional powers of officials and bodies are 
an organisational and legal component that covers the 
system of pre-trial investigation bodies, prosecutors, 
courts, as well as the powers of investigators, inquirers, 
prosecutors, judges, and lawyers. It ensures the 
effective implementation of procedural guarantees and 
enforcement of decisions. For example: the powers 
of the investigator to conduct pre-trial investigation, 
the powers of the prosecutor to provide procedural 
guidance, the powers of the investigating judge to 
exercise judicial control over the observance of the 
rights, freedoms and interests of persons in criminal 
proceedings, and the powers of the court to conduct 
judicial proceedings in cases under consideration.

General social conditions provide the broader context 
within which the criminal justice system operates. 
These include economic well-being, citizens' level of 
legal awareness, trust in law enforcement agencies 
and the effectiveness of state policy on human rights.  
This can include ensuring access to free legal aid, 
adequately funding law enforcement agencies, 
making the judiciary more open and accountable, and  
making information about procedural rights more 
accessible to citizens.

All these components together form an integral  
system that ensures not only formal but also actual 
protection of the rights of participants in criminal 
proceedings. Legislation is a regulator of social  
relations and a factor of their proper organisation.  
It is through the system of legal norms that the state 
ensures predictability, stability and fairness of law 
enforcement practice. In the context of criminal 
proceedings, law performs not only the function of 
a formalised regulatory guideline for the behaviour 
of participants in the proceedings, but also serves as  
the basis for building an effective mechanism for 
protecting their rights.

The legislation formulates the content of the 
mechanism for ensuring the rights of participants in 
criminal proceedings by regulating its key components 
such as institutional, procedural, guarantee and 
control elements. Each of these components operates 
on the basis of clearly defined rules that not only 
establish the procedure for the actions of the parties 



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to the proceedings, but also create safeguards against 
human rights violations. Thus, in this context, law is 
not only a regulatory tool, but also a mechanism for  
legitimising and institutionalising the principles of 
the rule of law, justice, equality, adversarialism and  
the presumption of innocence.

In addition, the law ensures the dynamism and 
adaptability of the mechanism for ensuring rights,  
as it allows for changes in the legal framework in 
accordance with the challenges of time, international 
standards and social transformations. Thus, the role  
of law is not only to create a legal framework, but  
also to ensure a balance between the interests of the 
state in the fight against crime and the need to protect 
the rights and freedoms of persons involved in criminal 
proceedings.

3. Economic and Social Factors  
in the Implementation of the Mechanism  
for Ensuring the Rights of Participants  
in Criminal Proceedings

Speaking about the implementation of the mechanism 
for ensuring the rights of participants to criminal 
proceedings, the following economic factors can be 
identified: 1) the cost of implementing the mechanism; 
2) procedural savings in the implementation of the 
mechanism; 3) economic benefits of the mechanism.

As for social factors, it is possible to distinguish:  
1) ensuring social justice; 2) implementing the idea of 
a welfare state.

The cost of implementing the mechanism involves  
an analysis of the financial costs of investigative, 
procedural and organisational actions necessary 
to guarantee the rights of all participants in the 
proceedings. The cost includes the salaries of the  
state's participants in criminal proceedings, material 
support, expert examinations, free legal aid, etc.

Procedural savings in the implementation of the 
mechanism reflects the efficiency of resource allocation 
in criminal proceedings, avoidance of duplication of 
functions, reduction of time for consideration of cases 
without compromising the quality of proceedings  
and observance of human rights.

The economic benefit of the mechanism may be 
manifested in a reduction of state expenditures on 
detention in pre-trial detention centres, prevention 
of erroneous decisions, reduction of the number of 
appeals and reviews of cases, as well as preservation 
of the productive potential of a person who could be 
unfairly prosecuted.

Ensuring social justice involves equal access to 
justice and protection of rights regardless of social 
status, financial situation or any other characteristic of 
a person. Social justice is a cornerstone of public trust  
in the justice system.

The implementation of the idea of a welfare state 
obliges this state to provide decent conditions for the 
protection of human rights, to facilitate the reintegration 
of persons in conflict with the law, and to prevent social 
exclusion or discrimination in the course of criminal 
proceedings.

Undoubtedly, the conduct of criminal proceedings 
is inextricably linked to the need for the state and its 
authorised bodies to provide sustainable funding for 
all related expenses. Analysing the items of the state 
budget of Ukraine, as of 2025, the expenditure figures 
for the functioning of the bodies involved in the 
implementation of the mechanism will be as follows 
(The Law of Ukraine "On State Budget of Ukraine for 
2025", 2024):
– The National Anti-Corruption Bureau of Ukraine 
(2.179 billion UAH);
– The State Bureau of Investigation (3.456 billion UAH);
– The Bureau of Economic Security of Ukraine  
(1.234 billion UAH);
– The Security Service of Ukraine (41.324 billion UAH);
– The National Police of Ukraine (104.695 billion UAH);
– The Office of the Prosecutor General (18.15 billion UAH);
– The High Anti-Corruption Court (507.7 million UAH). 

In the criminal justice system, procedural costs  
have not only technical but also legal, economic and 
social significance. They represent a set of resources 
aimed at the implementation of criminal proceedings 
from the moment of the pre-trial investigation  
to the execution of the final procedural decision.  
These costs accumulate not only direct financial 
expenses, but also the value of organisational, human, 
time and material and technical resources necessary to 
ensure the legal, reasonable and timely resolution of 
a criminal case.

Procedural costs include, in particular, the costs of 
pre-trial investigation bodies (National Police, SBI, 
SSU, NABU, BES), prosecutors, the judiciary, expert 
institutions, probation authorities and other entities 
involved in the criminal process. In particular, this 
includes remuneration of the relevant employees, 
expenses for their official activities (transport, 
communications, technical means, specialised 
equipment), maintenance of the material and technical 
base, protection and preservation of material evidence, 
conducting examinations, engaging translators, 
witnesses, specialists, as well as ensuring the procedural 
participation of victims, defendants, and lawyers.

In addition, procedural costs include funds allocated 
for the implementation of measures to ensure  
criminal proceedings: temporary seizure of property, 
seizure of property, summons, detention, house arrest, 
etc. Their implementation also requires significant 
financial, organisational and human resources.

Thus, procedural costs are not only an element of 
financing the activities of law enforcement agencies 



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and the judiciary, but also an indicator of the efficiency 
of the criminal justice system as a whole. Excessive or 
inefficient costs may indicate a systemic imbalance, 
violation of the principles of procedural economy,  
or the need to reform certain procedures and 
institutions. Procedural economy is the implementation 
of fast, efficient and rational criminal proceedings 
by preventing the repetition of investigative and 
other procedural actions, as well as cost optimisation 
(Voloshanivska et al., 2023).

The economic consequences of criminal proceedings, 
which are directly related to the implementation of 
the mechanism for ensuring the rights of participants 
in criminal proceedings, remain completely 
unclear and undisclosed in the context of Ukraine.  
The proper implementation of the mechanism 
for ensuring the rights of participants in criminal 
proceedings is a key condition for the legality, fairness 
and efficiency of criminal proceedings. Violation or 
formal application of such mechanisms may lead to 
significant negative consequences, including bringing 
to criminal liability persons who are not subject  
to it or applying to a person a more severe sanction than 
is provided for by the circumstances of the case.

The consequences of such situations go beyond 
the legal plane and penetrate the social and economic 
spheres. A person subjected to unlawful criminal 
prosecution loses social inclusion, trust in the legal 
system, and economic stability. Loss of employment, 
restrictions on the right to movement, social stigma 
are all direct or indirect consequences of imperfect 
or unlawful application of the rights protection 
mechanisms.

4. Balance of Social and Economic Factors  
in the Implementation of the Mechanism  
for Ensuring the Rights of Participants  
in Criminal Proceedings

The balance of social and economic factors in the 
implementation of the mechanism for ensuring the 
rights of participants in criminal proceedings is an 
optimal balance between social aspects (interests  
of the individual, society, access to justice, etc.) and 
economic aspects (costs of the law enforcement  
system, funding of legal aid, efficiency of resource 
use), which is aimed at guaranteeing fair, equal and  
effective protection of the rights of persons involved in 
criminal proceedings without violating the principles 
of the rule of law and social justice. It can be defined  
as a system of rules and approaches.

Financing of criminal proceedings should properly 
ensure the exercise of the rights of its participants. 
Effective exercise of the rights of participants in criminal 
proceedings requires not only legal entrenchment of 
such rights, but also proper financial support. The costs 
of legal aid, translation for persons who do not speak the 

state language, expert examinations, transportation of 
defendants, and access to justice all require predictable 
and stable funding from the state. Insufficient budgetary 
funding leads to formal or limited exercise of rights, 
such as the right to defence, the right to be heard, 
and the right to a fair trial. Thus, funding is not only 
an administrative category, but also a direct element  
of the human rights protection mechanism.

In criminal proceedings, investigating authorities, 
prosecutors and courts should anticipate the economic 
and social consequences of their decisions, forming 
a proper balance between them and the need to 
implement legal norms. The criminal justice system 
should not only be fair, but also effective in terms 
of economic and social impact. The decision to take 
a person into custody, for example, should take into 
account not only the gravity of the crime, but also the 
potential social consequences – loss of employment, 
family destabilisation, and an increased social burden 
on the state. Similarly, in the case of sentencing, it 
is necessary to assess whether general and special 
prevention has been achieved by using the least 
costly means (alternative punishments). Thus, law 
enforcement should include an impact assessment 
model to achieve a balance between the values of law 
and the realities of socio-economic life.

Criminal proceedings should assess the costs of 
the activities of the authorities and institutions, as 
well as the benefits obtained as a result of criminal  
proceedings. Criminal prosecution should be not 
only effective in terms of establishing the truth and  
restoring justice, but also reasonable in terms of costs. 
The state should develop approaches to assessing 
the cost-benefit ratio in criminal proceedings. This 
includes the costs of investigations, procedural support 
(examinations, interrogations, court hearings), 
detention, etc. At the same time, the potential "benefit" 
should also be assessed such as restoration of justice, 
reduction of recidivism, and increased trust in justice. 
This approach will allow avoiding unnecessary 
procedural actions and focusing on cases where the 
public interest is a real priority.

5. Conclusions
The mechanism of ensuring the rights of participants 

in criminal proceedings is an important tool for 
implementing not only the tasks of criminal justice, 
but also the establishment and proper functioning  
of social and economic factors of existence and  
activities of the state.

For proper implementation, a balance must  
be struck between the economic, social and 
legal prerequisites for the implementation of this  
mechanism. This balance is defined through the prism 
of three factors: 1) ensuring proper financing of criminal 
proceedings; 2) forecasting social and economic 



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consequences of actions and decisions within criminal 
proceedings; 3) assessment of expenses incurred within 
criminal proceedings.

Such an approach to criminal proceedings will  
not only ensure the rights of participants in criminal 

proceedings, but also optimise its financial and material 
component, which will result in improved use of 
economic resources by the state, the establishment 
of social justice, and the reduction of discrimination 
factors.

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Received on: 12th of April, 2025
Accepted on: 24th of May, 2025

Published on: 25th of June, 2025