Rehabilitation in the criminal process of Russia and Kazakhstan is a necessary mechanism for special public restitution of the rights of a person who has been subjected to illegal criminal prosecution. At the same time, the main structural element of this right should be precisely the public recognition by officials conducting criminal proceedings of the fact that a person was unlawfully or unreasonably subjected to criminal procedural coercion. Compensation for harm is an essential, but not a decisive element of the rehabilitation procedure, since a person may not exercise this right. The Russian and Kazakh legislative models of the institute of rehabilitation are among the most prosperous in the CIS countries, however, certain issues still require a clearer, axiologically determined solution. It seems significant to make a clear meaningful distinction between these related concepts, with an emphasis on the fact that rehabilitation is, first of all, not the right of a person who has been subjected to illegal criminal prosecution, but the duty of state officials. A comparative legal analysis of the CPC of the Russian Federation and the CPC of the Republic of Kazakhstan, as well as the criminal procedure legislation of some other neighboring countries, allows us to formulate a number of conclusions aimed at more effective regulation of the institute of rehabilitation in Russia and Kazakhstan in matters of a clear distinction between the concepts of “rehabilitation” and “compensation for harm”.
rehabilitation, compensation for harm, rehabilitation institute, person subject to rehabilitation, Criminal Procedure Code, criminal prosecution, comparative legal analysis, obligation of rehabilitation, criminal procedure, civil procedure
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