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Rehabilitation as an Interdisciplinary Institute of Russian Law

Student: Beryoza Zlata

Supervisor: Sergey Pashin

Faculty: Faculty of Law

Educational Programme: Lawyer in the Sphere of Justice and Law Enforcement (Master)

Year of Graduation: 2019

This paper is devoted to the analysis of legal regulation and implementation of the institute of rehabilitation in Russia. The author considers rehabilitation as an interdisciplinary legal institute aimed at restoring the rights of persons illegally and unreasonably subjected to legal restrictions and / or delinquencies from the actions of public authorities and individual officials or criminal public policy in general. Thus, the paper focuses on three independent procedures: 1) the rehabilitation of repressed peoples; 2) rehabilitation of victims of political repression; 3) rehabilitation according to Chapter 18 of the Criminal Procedure Code of the Russian Federation. The relevance of the study is determined by ineffectiveness of current rehabilitation procedure, in particular, the criminal one, as well as low level of people’ expectations from the work of this legal institution. During the study, based on materials of judicial practice and judicial statistics, normative and doctrinal sources, the author comes to several conclusions. First, despite the existence of procedural peculiarities, each of the considered rehabilitation procedures is aimed at achieving a single result - restoring the lost status of persons affected by abuses of state authorities, which makes it possible to consider rehabilitation as a single interdisciplinary institution. Secondly, the existing shortcomings of the institute of criminal rehabilitation largely lie in the plane of organizational and institutional, and therefore the proposed and partially implemented changes in the procedural part of legislation devoted to rehabilitation do not have a lasting and long-term effect. The author proposed some measures that could potentially increase the viability of the criminal rehabilitation institution and satisfy the public demand for more effective regulation of this legal institution.

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