On the legal responsibility of the state in taking the proceeding decisions leading to the rehabilitation of a suspect (accused) or defendant

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The problems of ensuring the legality of procedural decisions leading to the rehabilitation of a suspect (accused), defendant continue to be in the focus of scientists-processualists for more than a hundred years. Unfortunately, many of them remain unresolved. The issues of the legal nature and limits of the state's responsibility for the harm caused during the criminal procedure, the possibility of bringing to legal responsibility officials who carry out pre-trial criminal procedure in case of adoption of rehabilitative decisions still remain relevant for scientific development. It is obvious that theoretical problems influence on the law enforcement practice, including on the operational and service activities of the preliminary investigation bodies of the Ministry of the Internal Affairs of Russia. In our opinion, the existing methodology and criteria for assessing the state of legality in the bodies of preliminary investigation of the system of the Ministry of the Internal Affairs of Russia need to be clarified.

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Criminal procedure, preliminary investigation, legality, rehabilitation

Короткий адрес: https://sciup.org/142243964

IDR: 142243964   |   DOI: 10.33184/vest-law-bsu-2024.24.12

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