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of November 29, 2011 No. 17

About practice of application by courts of the regulations of Chapter 18 of the Code of penal procedure of the Russian Federation regulating rehabilitation in criminal trial

(as amended on 02-04-2013)

The constitution of the Russian Federation, proclaiming the person, its rights and freedom the supreme value, and recognition, observance and protection of rights and freedoms of man and citizen - obligation of the state (Article 2), guarantees everyone the right to compensation by the state of the harm done by illegal actions (or failure to act) public authorities or their officials (Article 53).

The constitutional guarantees of the right to indemnification which is under judicial protection are corresponded by provisions of the Universal Declaration of Human Rights of 1948 (Article 8), the International Covenant on Civil and Political Rights of 1966 (the subitem "an" of Item 3 of Article 2, Item 5 of Article 9, Item 6 of Article 14), Conventions on human rights protection and fundamental freedoms of 1950 (Item 5 of Article 5) and Protocol N 7 to this Convention (Article 3), affirming the right of everyone who fell victim of illegal arrest, detention or conviction of an offense, on compensation.

In criminal trial the right of citizens to rehabilitation and procedure for its realization is fixed in regulations of Chapter 18 of the Code of Criminal Procedure of the Russian Federation.

Due to the questions arising at courts in case of application of regulations of Chapter 18 of the Code of Criminal Procedure of the Russian Federation regulating indemnification, caused as a result of illegal or unreasonable criminal prosecution, and for the purpose of ensuring unity of court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides:

1. Rehabilitation in criminal trial is understood as procedure for recovery of the rights and freedoms of person, it is illegal or unreasonably subjected to criminal prosecution, and compensations of the harm (Item 34 of article 5 Code of Criminal Procedure of the Russian Federation) done to it.

Compensation to person of the property harm done during criminal trial, elimination of effects of moral harm and its recovery in labor, pension, housing and other rights are performed on the bases and according to the procedure, provided by articles 133-139, 397, of 399 Codes of Criminal Procedure of the Russian Federation, regulations of other Federal Laws and other regulatory legal acts regulating the specified questions.


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