Institute of Rehabilitation and its role in protecting the rights and legitimate interests of the suspect and accused

Authors

  • Cheloukhine S. I. al-Farabi Kazakh National University
  • Aidarbayev S. Zh. al-Farabi Kazakh National University
  • Aryn A. A. al-Farabi Kazakh National University
  • Otarbaeva A. B. al-Farabi Kazakh National University

Abstract

The article deals with theoretical aspects of rehabilitation and the role of rehabilitation in protecting the rights and
legitimate interests of the suspect and the accused. The conclusion is made about rehabilitation, as one of the defining
directions of the procedural activity of the criminal process. In the article some questions of application of institute of
rehabilitation in the criminal trial are investigated. The reasons for the rehabilitation of the person are considered. The
problems of determining the amount of compensation for damage during rehabilitation, including from the position of
civil legislation, are touched upon. The questions of return of confiscated property to rehabilitated persons were also
analyzed. One of the tasks of the state in the law enforcement sphere is the fight against crime. Therefore, it is important
not only to protect the constitutional rights and freedoms of citizens from criminal encroachments, to expose and punish
those who committed the crime, but also to prevent violations of constitutional rights and freedoms by those state
executive bodies that protect them. The aim is to develop a systematic theory of the rehabilitation of innocent, suspects
and accused in criminal cases, based on theoretical and practical knowledge already accumulated in this field, as well as
the norms of the current CCP, on the basis of which to develop proposals for improving criminal procedural legislation
and law enforcement practice. The relevance of the research topic is due to the fact that the rights of the individual, the
individual and the citizen are the object of increased attention and the most important factor of the transformations in
various areas of public and state activity. This also applies to the sphere of the criminal process, where they need the
most effective and reliable protection. On the basis of analysis, the author reveals the actual problem to date about the
role of rehabilitation in protecting the rights and legitimate interests of the suspect and the accused. And he gives an
analysis of the international norms of dealing with suspects and accused.

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Published

2019-09-03