LEGISLATION OF FOREIGN COUNTRIES ON COMPENSATION OF DAMAGE IN CRIMINAL PROCEEDINGS (LEGAL ANALYSIS)

Authors

  • Zhadra Ziyatovna Ziyatova
  • Elena Nikolaevna Kaliakperova

DOI:

https://doi.org/10.52026/2788-5291_2022_68_1_84

Keywords:

criminal proceedings, compensation for harm, foreign legislation, rehabilitation, moral harm, property damage, physical harm

Abstract

An appeal to a comparative legal analysis of the institution of compensation for harm to victims of unjustified criminal prosecution and conviction seems necessary and possible for the following reasons.

First, by making comparisons, we contribute to a better understanding of our own legislation and law enforcement process.

Secondly, the improvement of the institution of rehabilitation requires taking into account foreign legal experience.

The study of the legal norms of foreign states is necessary due to the internationalization of legal systems, which is reflected in the regulation of relations on compensation for harm to rehabilitants. Many states have ratified or acceded to conventions that proclaim the right to compensation for harm to victims of law enforcement action and guarantee that it can be protected at the international level; some countries have recognized the relevant regulations as directly applicable. It is not excluded that many countries may in the future recognize the jurisdiction of the European Commission and the European Union on human rights in cases of restoring the violated rights of rehabilitated citizens, which will make it possible to come closer to international standards.

The authors compared similar legal institutions of various social and legal systems and set the goal of explaining the similarities and differences.

In the article under consideration, in order to achieve the goal of effective the bodies conducting the criminal process, as well as to bring national legislation in line with international obligations and international standards, it is proposed to adopt the Law of the Republic of Kazakhstan «On the rehabilitation of citizens subjected to illegal criminal prosecution. and compensation for unlawfully inflicted harm».

Published

30.03.2022

How to Cite

Ziyatova Ж. К. ., & Kaliakperova Е. Н. (2022). LEGISLATION OF FOREIGN COUNTRIES ON COMPENSATION OF DAMAGE IN CRIMINAL PROCEEDINGS (LEGAL ANALYSIS). Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(68). https://doi.org/10.52026/2788-5291_2022_68_1_84