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LAWYER’S ACTIVITY IN THE PROCESS OF PERSON’S REHABILITATION

Sedakova Aleksandra Sergeevna  (Applicant of the Department of Judicial Activities and Criminal Procedure, Ural State Law University named after V.F. Yakovleva, Yekaterinburg)

In this article, the author examines the main aspects of the lawyer's activity in the rehabilitation of a person. The object of the article is reauthorization as a component of the criminal procedural legislation of Russia. The subject of the study is the activity of a lawyer in protecting the interests of a client within the framework of his rehabilitation. In this article, the author uses a formalized method of analyzing normative legal acts to study the concept of "rehabilitation", as well as to consider the activities of a lawyer to ensure it. The results of this study can be applied in the modern legal activity of lawyers in Russia. The author concludes that the concept of "rehabilitation" is new to Russian law and is regulated by the Constitution of the Russian Federation. The article notes that the harm within which a person has the right to rehabilitation can be inflicted on both life, health or personality, as a whole, and his property. The author emphasizes that the activity of a lawyer in the rehabilitation of a person is based on the Criminal Procedure Code of the Russian state. It is also emphasized that the decision on the rehabilitation of a person is made by the court. Nevertheless, the practice of accepting a statement from a lawyer to protect the interests of a person is ambiguous in modern Russian criminal procedure law. The main element of a person's right to rehabilitation is compensation for the harm caused to him, which is what the lawyer pleads in court as part of his activities to protect the client's interests.

Keywords:rehabilitation, compensation for damage, criminal liability, harm

 

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Citation link:
Sedakova A. S. LAWYER’S ACTIVITY IN THE PROCESS OF PERSON’S REHABILITATION // Современная наука: актуальные проблемы теории и практики. Серия: ЭКОНОМИКА и ПРАВО. -2023. -№04. -С. 136-139 DOI 10.37882/2223–2974.2023.04.26
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