Lawmaking Culture in the Field of Legislative Regulation of Rehabilitation Institution in Criminal Proceeding As the Way to Provide the Rights and Lawful Interests of Criminal Procedure's Participants
The authors believe that if the one compares the current legislative rules deal with regulation of rehabilitation institution in criminal proceeding it clearly shows the range of contradictions and the lack of overall concept describing legal relations in this particular sphere and providing the common cultural and legal perception of it's essence. While the essence of rehabilitation institution has the direct connection with the role of criminal procedure. These factors cause the need for complex approach to the legal regulation of this institution and the relevance of it's improvement. The subject of the research is the institute of rehabilitation in criminal proceedings and the peculiarities of its legal regulation from the standpoint of rule-making culture. The authors focus on the contradictions in the current legal norms that hinder the effective functioning of this institution, lead to an ambiguous interpretation of legal norms, problems of ensuring the rights and legitimate interests of participants in criminal proceedings. Thus, the purpose of the work is to study the culture of rule-making in the field of legislative regulation of the institution of rehabilitation in criminal proceedings as a guarantee of ensuring the rights and legitimate interests of its participants on the basis of an integrated approach. To achieve this goal, the authors use general scientific methods such as the dialectical method of cognition, the method of systems analysis, deduction and induction, methods of comparisons and analogies, and a number of others, as well as the formal legal method and the method of legal modeling. The authors of the article solve the set tasks through the use of the comparative legal method. A significant novelty of this work is that the authors identified gaps in the current legislation governing the issues of legislative regulation of the institution of rehabilitation in criminal proceedings, which hinder the effective functioning of this institution, as well as ensuring guarantees of the rights and legitimate interests of its participants. The practical value of the work lies in the fact that it substantiates the need to improve the legal norms governing the institution of rehabilitation in criminal proceedings and to make appropriate changes and additions to the current legislation