RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 29, 2011 No. 17

About practice of application by courts of the regulations of Chapter 18 of the Code of penal procedure of the Russian Federation regulating rehabilitation in criminal trial

The constitution of the Russian Federation, proclaiming the person, its rights and freedom the supreme value, and recognition, observance and protection of rights and freedoms of man and citizen - obligation of the state (Article 2), guarantees everyone the right to compensation by the state of the harm done by illegal actions (or failure to act) public authorities or their officials (Article 53).

The constitutional guarantees of the right to indemnification which is under judicial protection are corresponded by provisions of the Universal Declaration of Human Rights of 1948 (Article 8), the International Covenant on Civil and Political Rights of 1966 (the subitem "an" of Item 3 of Article 2, Item 5 of Article 9, Item 6 of Article 14), affirming the right of everyone who fell victim of illegal arrest, detention or conviction of an offense, on compensation.

In criminal trial the right of citizens to rehabilitation and procedure for its realization is fixed in regulations of Chapter 18 of the Code of Criminal Procedure of the Russian Federation.

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