Problematic aspects of the institute of rehabilitation in criminal proceedings

Abstract

The right to rehabilitation and reparation are fundamental principles of the criminal justice system. However, the legal consolidation of State responsibility to persons illegally prosecuted is not enough for its full implementation in practice, which is evidenced by numerous appeals to the Constitutional Court of the Russian Federation with complaints about the unconstitutionality of certain norms of criminal procedure legislation that regulate the grounds and conditions for the emergence of the right to rehabilitation. To develop a clearer, if possible, unambiguous position in the article based on the analysis of various points of view set forth in the legal doctrine, as well as judicial practice, possible directions for improving the mechanism for implementing the institution of rehabilitation in practice are proposed.