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Title of Article

LEGAL CONSEQUENCES OF REHABILITATION IN CASE OF ILLEGAL BRINGING TO ADMINISTRATIVE RESPONSIBILITY


Issue
6
Date
2022

Article type
scientific article
UDC
342.914
Pages
98-117
Keywords
 


Authors
Palatin A.V.
Nizhegorodskiy gosudarstvennyy universitet im. N.I. Lobachevskogo


Abstract
The article analyzes the existing legal regulation of the restoration of the rights of a rehabilitated person. The article analyzes judicial practice in the field of compensation for damage caused by erroneous administrative coercion, using the example of the cases of the Supreme Court and the Constitutional Court of the Russian Federation. The question of the grounds for compensation for harm is being investigated, and in particular, whether the termination of the case in itself due to the absence of an offense is a sufficient basis for civil liability of the state. The author explores the prevailing approach in judicial practice, sees a tendency to move to a stricter understanding of state responsibility in this area and suggests ways to improve legal regulation and law enforcement in the analyzed category of cases.

File (in Russian)