RECOURSE LIABILITY OF THE OFFICIALS RESPONSIBLE FOR ILLEGAL CRIMINAL PROSECUTION

Authors

  • Lev Vitalyevich Vinitsky Author
  • Natalia Evgenevna Mullakhmetova Author

Abstract

The article examines the recourse liability of persons in connection with illegal actions
(or inaction) of whom compensation of harm in the form of rehabilitation is made.
The history of the problem (on basis of Regulations on Criminal Proceedings of the Russian
Empire) and law enforcement practice on this issue are analyzed. The authors provide
statistical data on compensation for harm as rehabilitation in Russia for 2012–2014
as well as consideration of recourse actions to the officials guilty of illegal criminal
prosecution. Discrepancy between the consistently high levels of enforcement decisions
led to reparation by the state in the form of rehabilitation, and isolated cases of recourse
actions to the officials responsible for illegal criminal prosecution is noted.

Author Biographies

  • Lev Vitalyevich Vinitsky

    Doctor of Law, Professor, Honoured Lawyer of the Russian Federation,
    Professor of Department of Law

  • Natalia Evgenevna Mullakhmetova

    PhD in Law, Associate Professor, head of Criminal Procedure
    and Criminalistics Department

Issue

Vol. 15 No. 2 (2015): Bulletin of the South Ural State University. Series Law.

Section

Problems and Questions of Criminal Law, Criminal Justice