Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine

Keywords: tasks of criminal proceedings, standards, institution, rehabilitation, compensation for damages, restoration of violated rights.

Abstract

The authir has carried out theoretical study of the current state of regulation of the rehabilitation institution in criminal proceedings of Ukraine, the immediate task of which is to protect human and civil rights and freedoms within relations between the state and an individual. Numerous appeals to the ECHR by citizens of Ukraine, who have been illegally or unjustifiably prosecuted, as well as the existence of decisions in their favor indicate on the shortcomings of this institution.

The essence of the term of “rehabilitation” and its normative enshrinment in legislative acts at some historical stages of the world community development has been studied. It has been established that it was first used in medieval France to denote the pardon of a convict with the restoration of all his former rights. However, due to the development of social relations and a radical change in society’s attitude to sentencing, the concept of “rehabilitation” has become much broader than the original definition.

Based on the detailed analysis of theoretical developments of leading scholars, international and legal acts, criminal procedural legislation of Ukraine, some countries of the European Union and the post-Soviet space, special attention has been focused on significant shortcomings of legal regulation of the specified area of public relations in Ukraine. The author has suggested own vision of the concept of “rehabilitation”. The author has offered to reffer it to the tasks of criminal proceedings stipulated by the provisions of the Art. 2 of the Criminal Procedura; Code of Ukraine. Besides, special attention has been paid to the fact that a rehabilitated person, in addition to compensation for damages and restoration of violated rights, must receive an official apology on behalf of the state for unjustified or illegal prosecution.

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Author Biography

H. I. Hlobenko , Kharkiv National University of Internal Affairs

Candidate (Ph.D.) of Juridical Sciences, Docent.
Department of criminal procedure and organization of pre-trial investigation (professor).

References

Mirolyubov N.I., 1902. Rehabilitation as a special legal institution [Reabilitatsiya kak spetsialnyi pravovoi institut]. Kazan`: Tipo-lit. yniversiteta.

Bezlepkin B.T., 1975. Rehabilitation issues during the preliminary investigation [Voprosy reabilitatsii na predvaritel`nom sledstvii]. Gorkii: MVD SSSR.

Nizamov V.Yu., 2016. Institute of rehabilitation in criminal procedure: problems of application and development prospects [Institut reabilitatsii v ugolovnom protsesse: problemy primeneniya i perspektivy razvitiya]. Leningradskij ûridičeskij žurnal – Leningrad Legal Journal, No. 3, pp. 213-222.

Kaplina O.V., 1998. Problems of rehabilitation in the criminal process of Ukraine [Problemy reabilitatsii u kryminalnomu protsesi Ukrainy]. Abstract of Ph.D. dissertation. Yaroslav Mudryi National Law Academy of Ukraine.

Mazur M.R., 2012. Protection of the rights and legitimate interests of those rehabilitated in criminal proceedings [Zakhyst prav ta zakonnykh interesiv reabilitovanykh u kryminalnomu protsesi]. Abstract of Ph.D. dissertation. Ukrainian Academy of Advocacy.

Sukhovilina A.O., 2012. Institute of rehabilitation in criminal procedure law [Instytut reabilitatsii v kryminalno-protsesualnomu pravi]. Ph.D. dissertation. Kharkiv National University of Internal Affairs.

Chentsov V.V. and Tertyshnyk V.M., 2016. Rehabilitation of victims of illegal prosecution, political repression and abuse of power [Reabilitatsiia zhertv nezakonnykh kryminalnykh peresliduvan, politychnykh represii ta zlovzhyvan vladoiu]. Kyiv: Alerta.

Bazhanov A.V. and Khimicheva O.V., 2009. Development of the institution of compensation for harm for justice in Russia in the 15th-19th centuries [Razvitie instituta vozmeshcheniya vreda za nepravosudie v Rossii XV-XIX vv.]. Vestnik Moskovskogo universiteta MVD Rossii – Vestnik of Moscow University of the Ministry of Internal Affairs of Russia, No. 7, pp. 116-119.

Glybina A.N. and Yakimovich Yu.K., 2006. Rehabilitation and compensation for harm in the course of rehabilitation in criminal proceedings in Russia [Reabilitatsiya i vozmeshchenie vreda v poryadke reabilitatsii v ugolovnom protsesse Rossii]. Tomsk: Izdatel`stvo Tomskogo universiteta.

Gutsenko K.F., 1998. If you have been unlawfully prosecuted [Esli vas nezakonno privlekali k ugolovnoi otvetstvennosti]. Zakonodatelʹstvo, No. 8, pp. 56-64.

Shumylo M.Ye., 2001. Rehabilitation in the criminal process of Ukraine [Reabilitatsiia v kryminalnomu protsesi Ukrainy]. Kharkiv: Arsis.

Published
2020-12-20
How to Cite
Hlobenko , H. I. (2020) “Current State of Normative and Legal Regulation of the Rehabilitation Institution in Criminal Proceedings of Ukraine”, Bulletin of Kharkiv National University of Internal Affairs, 91(4), pp. 272-281. doi: 10.32631/v.2020.4.26.
Section
Criminal Procedure and Criminalistics; Forensic Examination; OSA