Institute for Rehabilitation in Criminal Proceedings

On the basis of the meaning of the current criminal procedure legislation of the Russian Federation, criminal prosecution is related both to the protection of the rights of the victim and to the guarantees of persons who are illegally subject to the restriction of fundamental human rights and freedoms as a result of unjustified criminal prosecution. The release of these persons, the right to rehabilitation and compensation for the damage caused are fundamental constitutional principles of the Russian criminal justice system. However, the legal establishment of State responsibility to persons illegally prosecuted is not sufficient for its full implementation in practice. It is evidenced by numerous complaints to the Constitutional Court of the Russian Federation about the unconstitutional nature of certain provisions of criminal procedure legislation, which regulate the grounds and conditions for the emergence of the right to rehabilitation and compensation. The existence of different scientific positions on the implementation of rehabilitation in practice suggests an irreconcilable view on a different range of issues in this sphere. In order to develop a clear position on the current policy of application of rehabilitation relations, this work gives clear ideas about the subjects of the relations under consideration and compares specific problem points taking into account different opinions of leading representatives of the scientific community of Russia and abroad in this sphere, the peculiarities of rapid development of modern rehabilitation relations at this stage of society development in comparison with previous historical periods are formulated. The main directions of improvement of the Russian system of rehabilitation institute in comparison with foreign practice have been worked out in this research.