Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Naumova Завантажень: 6, розмiр: 395.3 KB

DOI: https://doi.org/10.33994/kndise.2021.66.38

A. Naumova

The problem of the right to rehabilitation and compensation to a person who was illegally and unreasonably prosecuted, illegally convicted is relevant to the science of criminal procedural law, law enforcement practice. At the same time, the current Criminal Procedure Code of Ukraine does not provide rules that would contain the basic provisions of rehabilitation.
As a result of the study, the concept of physical harm is formulated as a violation of the anatomical integrity or physiological function of organs or tissues, which manifests itself in bodily injury, disease, pathological condition, disability and is a consequence of illegal and unjustified criminal prosecution, illegal restraint, detention, unlawful conviction, torture, physical, mental violence, falsification of evidence.
The definition of rehabilitation is defined as the procedure established by law for the recognition of a person’s innocence in committing a crime, restoration of his/her violated rights and freedoms. It is also defined compensation at the expense of the state in full physical, property, moral damage caused to a person by illegal and unjustified criminal prosecution, illegal conviction, and unjust trial on the application of coercive measures of a medical or educational nature.
A comparative analysis of the legal regulation of rehabilitation in the Code of Criminal Procedure of the CIS countries shows that the national legislation of most states provides a mechanism for effective protection of the individual from illegal and unjustified criminal prosecution, illegal conviction. To improve the current criminal procedure legislation of Ukraine, we proposed to supplement the Code of Criminal Procedure of Ukraine with the chapter “Rehabilitation”. In the provisions of this chapter, there is a need to set out the concept of rehabilitation, conditions and procedural grounds for recognizing the human right to rehabilitation; subjects of rehabilitation legal relations; grounds for partial rehabilitation in preliminary and judicial proceedings. In addition, the chapter should contain the procedural order of rehabilitation in a situation of forced self-incrimination, falsification of evidence; the procedure for restoring the violated rights and freedoms of the rehabilitated person. As well as the concept of physical harm and the procedure for its compensation; determination of property, moral damage caused to the rehabilitated; legal mechanism for compensation of property damage; elimination of the consequences of moral damage to the rehabilitated and its compensation.

Key words: rehabilitation, physical harm, falsification of evidence, use of physical or mental violence, responsibility of the state to the rehabilitated.