Journal of Siberian Federal University. Humanities & Social Sciences / Decriminalization of an Action: Is the Right to Rehabilitation Justified?

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2025 18 (5)
Authors
Osadchaya, Anastasia O.; Sulaymanova, Cholpon S.
Contact information
Osadchaya, Anastasia O. : Russian- Kyrgyz Slavic University Bishkek, Republic of Kyrgyzstan; ; Sulaymanova, Cholpon S.: Russian- Kyrgyz Slavic University Bishkek, Republic of Kyrgyzstan
Keywords
rehabilitation; criminal proceedings; decriminalization of an act; termination of a criminal case; criminal prosecution; damage; accused, circumstances precluding criminal proceedings
Abstract

Termination of a criminal case is one of the main institutions of the criminal process, since it entails certain legal consequences, which in turn affect a wide range of subjects of criminal proceedings. In turn, the criminal case can be terminated due to rehabilitating and non-rehabilitating grounds. One of the rehabilitating grounds for terminating a criminal case is the decriminalization of an act. The Kyrgyz Republic is a legal state, which in turn guarantees respect for the rights and freedoms of citizens enshrined in the Constitution of the Kyrgyz Republic. One of them is the right to compensation for damage (rehabilitation) caused by illegal actions of the court and bodies carrying out criminal proceedings. Today, the decriminalization of an act gives rise to many discussions regarding the effectiveness and expediency of classifying it as a rehabilitative basis for terminating a criminal case. In connection with the termination of a criminal case due to the decriminalization of an act, the subject is given the right to compensation for moral and property damage and the restoration of other rights. This study attempts to consider the decriminalization of an act as a rehabilitative basis, and also examines the consequences of terminating a criminal case on this basis

Pages
916–924
EDN
PFPJJP
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/156119

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