Email this article CONCEPTUAL PROBLEMS OF THE REHABILITATION INSTITUTE IN CRIMINAL PROCEEDINGS
- Authors: Fedyunin A.E.1, Peretyatko N.M.1
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Affiliations:
- Saratov State Law Academy
- Issue: Vol 4, No 14 (2020)
- Pages: 278-286
- Section: Процессуальное право
- URL: https://journal-vniispk.ru/2587-9340/article/view/304135
- ID: 304135
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Abstract
We consider procedural and legal problems of ensuring the rights and legitimate interests of the rehabilitated person in criminal proceedings. The purpose of the work is to study the problems of industry affiliation of the rehabilitation institute, the grounds for rehabilitation, and analyze the philosophical and ethical categories that make up the legal basis of the rehabilitation institution. We analyze the legislative regulation of the rehabilitation institution and identify contradictions in the current legislation in the studied sphere of legal relations, as well as focus on the possibility of violating the rights and legitimate interests of rehabilitated person stipulated by law. The methodological basis of the study consists in the use of traditional general logical and special legal methods – logical, formal and legal, analysis and generalization of law enforcement practice. We propose the author’s concept about the nature and legal nature of the rehabilitation institution as an interdisciplinary institution, which consists in the fact that rehabilitation consists in the idea of complete innocence. A literal (adequate) interpretation of the concept of rehabilitation in this case means the presence of three key elements: 1) the criminal prosecution of a person was unfair (illegal, unfounded); 2) the application of measures of criminal procedural coercion and (or) criminal punishment to him was illegal (unreasonable); 3) there were no grounds for prosecuting him, or there were grounds for excluding him. The study allows us to conclude that the rehabilitation institution of innocent needs further improvement, based on its thorough legal regulation, since, being an interdisciplinary institution, it can ensure the observance and respect of the rights and freedoms of individuals and citizen only if the contradictions in the current legislation are eliminated.
About the authors
Anton Evgenevich Fedyunin
Saratov State Law Academy
Author for correspondence.
Email: aef@bk.ru
ORCID iD: 0000-0003-4635-996X
Doctor of Jurisprudence, Associate Professor, Professor of Criminal Process Department
Russian Federation, 1 Volskaya St., Saratov 410056, Russian FederationNatalya Mihailovna Peretyatko
Saratov State Law Academy
Email: naperetyatko@yandex.ru
ORCID iD: 0000-0001-8672-1076
Candidate of Jurisprudence, Associate Professor, Associate Professor of Criminal Process Department
Russian Federation, 1 Volskaya St., Saratov 410056, Russian FederationReferences
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