Grounds and purposes of the investigative inspection in criminal proceedings

Abstract

The purpose of this article is to study the right to compensation for damage caused to a rehabilitated person in connection with the principle of enforceability of a court decision that has entered into legal force and the terms of review of judicial acts provided for by the Criminal Procedure Code of the Russian Federation. The right to rehabilitation is considered in its relation to the right to a legally established amount of compensation for the damage caused. The author, with reference to the practice of higher judicial instances, substantiates that the principle of enforceability of court decisions on payments to persons affected by unlawful criminal prosecution and conviction is the most important guarantee. In addition, the existence of limits in the criminal procedure legislation of the Russian Federation that limit in time the possibility of reviewing final court decisions on payments under the rehabilitation procedure should serve as one of the main ways to ensure this right. As a result of this study, the author came to the following conclusions. An integral component of the right to rehabilitation in the framework of the criminal procedure of the Russian Federation is the amount of harm caused to the rehabilitated person — the material aspect of this right. At the same time, the right to the declared amount of property damage and moral damage is not absolute, and if there are reasonable doubts, it should be checked in court proceedings. When canceling or changing court decisions that have entered into force, especially in exceptional proceedings, strict adherence to the principle of legal certainty is required, an integral component of which is the right to enforceability of a court decision on payments to rehabilitated persons and compensation for damage to them. In the Criminal Procedure Code of the Russian Federation, according to the author, it is necessary to establish a specific period during which the court of cassation instance is authorized to make a decision if it worsens the situation of the rehabilitated person.