The amount of compensation for harm to rehabilitated persons: the concept and problems of legal regulation
The article is devoted to the study of the legal basis of compensation for harm to rehabilitated persons. The legislative rules, scientific works and judicial practice are analyzed by the author to establish the content of the concept “full amount” of compensation for harm. The uncertainty of the regulation of the specified issue by the norms of Chapter 18 of the Criminal Procedure Code of the Russian Federation, as well as the lack of the relevant explanations of the highest courts of the Russian Federation are revealed. Contradictory judicial practice complicates the realization of the rights of rehabilitated persons. The regulations and judicial practice concerning the possibility of compensation for harm caused in the course of criminal prosecution to legal entities and individual entrepreneurs have been analyzed. It is proposed to understand the forms of compensation for property and non-property damage under the amount of compensation for harm. This amount should include compensation for pecuniary damage, compensation for non-pecuniary damage, restoration of all rights the person had before the injury, carrying out all the actions provided by articles 135, 136, 138, 139 of the criminal procedure legislation. The author of the article comes to the conclusion that it is necessary to simplify the mechanism of compensation for pecuniary and non-pecuniary damage. He also substantiates the point of view, according to which the best solution in this case will be to consider all issues within the framework of one case.