Dissertation for obtaining the degree of Doctor of Philosophy in specialty 081 – Law. – National Academy of Internal Affairs, Kyiv, 2023.
The dissertation is devoted to a comprehensive study of theoretical-legal and applied problems of the implementation of the rehabilitation institute in the criminal process of Ukraine. The dissertation developed theoretical provisions and scientifically substantiated recommendations regarding the implementation of rehabilitation in the criminal process of Ukraine.
Analyzed and considered: a number of international treaties, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the Code of Principles for the Protection of All Persons Subject to Detention or Imprisonment in Any Form (UN Assembly Resolution 43/ 173 dated 09.12.1988), the UN Declaration «About the Elimination of All Forms of Racial Discrimination», the UN Declaration «About the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment», The International Covenant on Civil and Political Rights stipulates the duty of the state to protect violated human rights; legislative acts of foreign countries, including the Constitution of Armenia, the Constitution of Azerbaijan, the Constitution of Kazakhstan, the CPC of the Republic of Kazakhstan, the Constitution of Georgia, the Constitution of the Kyrgyz Republic, the Constitution of Turkmenistan, the CPC of Turkmenistan, the Constitution of Hungary, the Constitution of the Republic of Poland, the Constitution of the Republic of Estonia, the CPC of the Republic of Estonia, the Constitution of Italy Republic, CPC of the Italian Republic, Constitution of the Kingdom of Spain Constitution, The Constitution of the Hellenic Republic, the Constitution of Portugal, the French Declaration of the Rights of Man and Citizen of 1789, the Basic Law of Germany, the Law of Germany of March 8, 1971, the Constitution of Albania, the CPC of Albania, the Constitution of Guatemala from 1956, the Constitution of the Republic of Honduras, the Constitution of Japan, Constitution of the Federal Republic of Brazil, Constitution of Algeria; domestic legislation, in particular, the Constitution of Ukraine, the Criminal Procedure Code of Ukraine, the Criminal Code of Ukraine, the Criminal Executive Code of Ukraine, the Civil Code of Ukraine, the Code of Labor Laws of the Ukrainian SSR, the Economic Code of Ukraine, the Housing Code of Ukraine, The Law of Ukraine «About the Procedure for Compensation for Damage Caused to a Citizen by Illegal Actions of Enquiry, Pretrial Investigation, Prosecutor’s Office and Court», the Law of Ukraine «About the National Police», Resolution of the Plenum of the Supreme Court of Ukraine No. 4 and other legislative acts, departmental orders and court practice on provisions compensation for damage to a person injured as a result of illegal criminal prosecution by operative units, investigation, prosecutor’s office and court.
It was found that most of the studied legislative acts of foreign countries are of the nature of a declaration, reflected in the constitution and not detailed; in some countries, the procedure for implementation of rehabilitation is reflected in the norms of criminal procedural codes or the current norms of separate laws; the right to rehabilitation arises from the entry into legal force of the acquittal of a judicial body or the issuance by the subject of criminal proceedings of a resolution to close criminal proceedings on the basis of para. 1–3 st. 284 of the CPC of Ukraine. The position regarding the provision of participation in the rehabilitation of the suspect against whom the criminal proceedings were closed on the basis of para. 1–3 st. 284 of the CPC of Ukraine. The position of other procedural scientists is supported and it is possible to make sure that the institution of rehabilitation of illegally convicted persons really has a foundation of criminal procedural law, which has a comprehensive branch affiliation. The proposed participation of legal entities in the «rehabilitation process».
