The concept and content of rehabilitation

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The concept and content of rehabilitation

Vostrova I.S., Tsurikova L.V.

Аннотация

Понятие и содержание реабилитации

Вострова И.С., Цурикова Л.В.

Статья посвящена исследованию понятия «реабилитация». Автор изучает понятие реабилитации, процессуальную форму и содержание термина. В статье раскрываются теории реабилитации через конкретные примеры из судебной практики. Автор ссылается на различных авторов, изучающих данное понятие.

Ключевые слова: реабилитация, сущность, уголовно-процессуальный кодекс, уголовное судопроизводство.

Annotation

The article is devoted to the study of the concept of «rehabilitation». The author studies the concept of rehabilitation, procedural form and content of the term. The article reveals the theories of rehabilitation through specific examples from court practice. The author refers to various authors studying this concept.

Key words: rehabilitation, essence, criminal procedure code, criminal proceedings.

At the stage of preliminary investigation and judicial proceedings, officials of procedural bodies may make mistakes that cause harm to individuals and legal entities. Therefore, the legislation of the Russian Federation provides for the restoration of the rights of citizens or legal entities.

This topic is relevant because a person's right to compensation for damage caused by a crime is a basic right. It is provided at any stage of the criminal process.

The Institute of Rehabilitation promotes the appointment of criminal proceedings. It accompanies the protection of the individual from unjustified accusations and restrictions on rights and freedoms.

The concept of «rehabilitation» has been studied by various scientists, for example, S.I. Viktorovsky, N.I. Lazarevsky, P.I. Lyublinsky, N.I. Mirolyubov, I.A. Parakhina and others [6, p. 516].

B.T. Bezlepkin understands rehabilitation as the acquittal of the defendant or the termination of the criminal case against the accused, as well as the suspect for the absence of an event or corpus delicti, or the lack of evidence of the participation of these persons in the commission of a crime [5, p. 271].

M.V. Maksimenko means rehabilitation, guaranteed by the state, restoration of violated rights and freedoms of a person unlawfully or unreasonably subjected to criminal prosecution, compensation to this person at his request in full for the property damage caused, as well as compensation for non-property damage [5, p. 272].

Let's turn to the legislative interpretation of the concept of «rehabilitation». According to paragraph 34 of Article 5 of the Criminal Procedure Code of Russia, rehabilitation is understood as the procedure for restoring the rights and freedoms of a person unlawfully or unreasonably subjected to criminal prosecution and compensation for harm caused to him [1]. The right to rehabilitation is fixed and disclosed in Chapter 18 of the Code of Criminal Procedure of the Russian Federation.

According to Parts 1, 2 of Article 133 of the Criminal Procedure Code of the Russian Federation, the right to rehabilitation includes the right to compensation for property damage, elimination of the consequences of moral harm and restoration of rights. At the present stage, the institute of rehabilitation can be considered through the basic theories that reveal its essence.

The first theory implies by rehabilitation the fact of acquittal of a person or termination of a criminal case against him on rehabilitative grounds [4, p. 36]. Here is an example from judicial practice. The Yashkinsky District Court of the Kemerovo region, at a court hearing on July 9, 2021, considered criminal case No. 1-59/2019 on charges of Sh. in the crime provided for in Part 2 of Article 237 of the Criminal Code of the Russian Federation, that is, in concealing information about facts that pose a danger to human health, committed by the head of a local government body. The court examined the materials of the criminal case, the defendant Sh. He was found innocent and acquitted under Part 2 of Article 237 of the Criminal Code of the Russian Federation, on the basis of paragraph 2 of Part 1 of Article 24 of the Code of Criminal Procedure for the absence of corpus delicti in the act. The court has not been presented with reliable evidence of the existence of an objective side of the imputed crime. The right to rehabilitation was recognized for Sh. in accordance with paragraph 1 of Part 2 of Article 133 and part 1 of Article 134 of the Code of Criminal Procedure of Russia [3].

The second theory suggests that the fact of restoration of violated rights and legitimate interests of citizens who have been convicted and illegally prosecuted should be considered the content of rehabilitation [6, p. 517]. Here is an example from judicial practice. At the hearing, the Yaroslavl Regional Court considered the appeal of the representative of the Federal Treasury Department for the Yaroslavl region K. on the resolution of the Kirovsky District Court Yaroslavl city on June 2, 2021. Earlier, criminal cases were initiated under paragraph "b" of Part 2 of Article 199 of the Criminal Code of the Russian Federation on the facts of tax evasion on a particularly large scale from organizations. On August 24, 2018, the criminal prosecution against M. was terminated on the grounds provided for in paragraph 2 of Part 1 of Article 24 of the Criminal Procedure Code of the Russian Federation, due to the absence of corpus delicti in his actions. He has the right to rehabilitation recognized. Citizen M. appealed to the Kirovsky District Court with an application for compensation for property damage in the form of expenses for providing legal assistance. It was decided to produce M. payment in compensation for property damage to the defender, collecting the specified amount from the Ministry of Finance of the Russian Federation at the expense of the Treasury of the Russian Federation. In the appeal, the representative by proxy K. requests that the resolution be changed. The Court of Appeal notes that the court of first instance came to the right conclusions. The sums of money paid on the receipts are subject to recovery in the order of rehabilitation [2].

The essence of the third theory is that the harm caused by unjustified criminal prosecution harms public interests (representatives P.I. Lyublinsky, M. Hiv) [4, p. 39].

The object of rehabilitation is social relations aimed at restoring and protecting the violated rights of citizens.

The rehabilitation process is divided into two main stages. The first part includes the issuance by a competent person of an act declaring a person innocent. The second stage is to restore the violated rights.

The subjects of the right to rehabilitation are citizens of the Russian Federation, foreign citizens, and stateless persons.

The following range of powers are distinguished, which are included in the right to rehabilitation:

- recognition of the violation of human and civil rights and freedoms as illegal and unjustified;

- the issuance of an official act recognizing the fact of illegality or unreasonableness of the actions of the authorities;

- receiving an official apology from an authorized person;

- explanation of the method and procedure of rehabilitation;

- refutation of facts in the media;

- the right to receive a rebuttal at the place of work, study, residence;

- the right to return honorary titles, class ranks, and state awards;

- the right to restoration of labor, pension, and housing rights;

- the right to compensation for property and moral damage , etc.

Based on the above, we come to conclusions.

The right to rehabilitation is a subjective constitutional right of every person who has been unlawfully and unreasonably subjected to criminal prosecution. This is a legal restoration process aimed at compensating property or moral damage to a person in order to restore the rights and legitimate interests of citizens.

It is proposed to make some changes to the legislation of the Russian Federation:

1) To consolidate the right to rehabilitation at the constitutional level, to reflect the guarantees of its implementation;

2) In Chapter 2 of the Code of Criminal Procedure of the Russian Federation to fix the principle of rehabilitation in relation to persons illegally prosecuted;

3) To develop a draft Federal Law «On rehabilitation of persons in the field of criminal justice»;

4) Create a system of bodies responsible for the rehabilitation of persons who have been unlawfully prosecuted.

legal rehabilitation compensation

References

1. The Code of Legal Procedure of the Russian Federation: Federal Law No. 174-FZ of 18/12/2001 (as amended on 25/12/2023) / / collected legislation of the Russian Federation. - 2001. - N 52 (part I). - Pp. 4921.

2. Appeal resolution of the Yaroslavl Regional Court of the Yaroslavl region № 22-1356/2021 in case № 4/17-23/2021 dated July 20, 2021 // Electronic justice: electronic document management system for courts and participants in the judicial process.

3. The verdict of the Yashkinsky District Court of the Kemerovo region № 1-190/2019 1-2/2021 1-28/2020 in case № 1-59/2019 of July 9, 2021 // Electronic justice: an electronic document management system for courts and participants in the judicial process.

4. Chuprin, D.A. The content of the concept of "rehabilitation" in the criminal process of Russia / D.A. Chuprin // International Student Scientific Bulletin. - 2019. - № 3. - Pp. 36-40.

5. Korchagina, L.I. On some aspects of the content of the concept of "rehabilitation" in domestic legislation and legal literature / L.I. Korchagina // Gaps in Russian legislation. - 2013. - № 5. - Pp. 271-274.

6. Parakhina, I.A. On the content of the concept of "Rehabilitation" in the criminal process of Russia / I.A. Parakhina // Bulletin of Modern Research. - 2018. - № 5.2 (20). - Pp. 516-518.

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