Rehabilitation in Criminal Proceedings

K.E. Nesterov Rehabilitation in Criminal Proceedings This graduate paper is aimed at consideration of rehabilitation as a legal institute in Russian criminal procedure, at carrying-out of an analysis of legal regulation of rehabilitation, and also at study of a problem of functioning of rehabilitation as a legal institute. The main objectives of the paper are: (a) to consider the historical conditions and aspects of appearance of rehabilitation; (b) to consider the subject matter and grounds of rehabilitation; (c) to identify the main problems of rehabilitation enforcement and to come up with the feasible decision on these problems; (d) to recommend the ways of improvement of rehabilitation as a legal institute in Russian criminal procedure. Based on this research the following conclusions were made: firstly, rehabilitation may be defined as the state recognition of illegality and inconsistency of criminal prosecution and the guarantee for guiltless persons to restore violated rights and freedoms, and also to pay inflicted damages; secondly, the specification of subjects of legal relations in the sphere of compensation for harm was made; thirdly, the research with respect to procedural mechanism of rehabilitation and with respect to directions of improvement of rehabilitation as a legal institute was made; Academic Supervisor: Elena Egorova, C.J.S. (National Research University “The Higher School of Economics”), senior lecturer of the Department of Judicial Power, Faculty of Law, National Research University “The Higher School of Economics”