Grounds for the emergence of the right to rehabilitation: problematic aspects of the legislation and ways of improvement

The article reveals problematic aspects of national legislation regarding the grounds for the emergence of the right to rehabilitation and suggests ways to improve them. It is noted that the historical development of the rehabilitation institution reflects a change in public views on the role of justice in protecting the innocent and justly punishing the guilty. The main prerequisite for the emergence of the right to rehabilitation is unlawful or unfounded criminal prosecution and unlawful sentencing. The conditions for rehabilitation are classified into two groups: general and specific. General conditions for rehabilitation include: the social importance of the rehabilitation institution, improvement of rehabilitation legislation, effective application of legal norms, the level of awareness of rehabilitated persons regarding legal norms, the level of legal awareness and legal culture of participants in the rehabilitation process. Specific conditions for rehabilitation include: entry into force of the rehabilitation act; recognition by the criminal prosecution body or the court of the right of the rehabilitated person to compensation for damages; restoration of rights and freedoms enshrined in the relevant act on rehabilitation; clarification to the rehabilitated person regarding the process of compensation for damages, restoration of rights and freedoms, etc. The grounds for the emergence of the right to rehabilitation are defined as the reasons or reasons expressed in a legal act, if present, a person has the right to rehabilitation. The grounds are divided into the following groups: grounds for the emergence of the right to rehabilitation of a suspect, accused; grounds for the emergence of the right to rehabilitation of a defendant; grounds for the emergence of the right to rehabilitation of a convicted person; grounds for the emergence of the right to rehabilitation of an acquitted person in terms of the motives and grounds for acquittal; grounds for the emergence of the right to rehabilitation of minors, grounds for the emergence of the right to rehabilitation of mentally ill persons. It is concluded that for the further development of the rehabilitation institute, it is necessary to pay attention to improving the qualifications and professional ethics of judges, lawyers and prosecutors, as well as ensuring their independence. The development of new approaches to compensating for damages and restoring the reputation of those wrongfully convicted is a priority in this direction. Ultimately, the establishment of the rehabilitation institute contributes to strengthening trust in justice and increasing the level of protection of human rights in society.