THE RIGHT OF SUSPECTS, ACCUSED AND CONVICTED PERSONS TO COMPENSATION FOR VIOLATION OF THEIR CONDITIONS OF DETENTION
FGBOU VO «Vyatka State University» (Kirov, Russia), Associate Professor of the Department of criminal law, process and national security, Candidate of law
The article deals with the actual problems of realization of the right of suspects, accused and convicted persons to compensation for violation of conditions of detention in a pretrial detention center and correctional institution. The purpose is to analyze the existing order of compensation payments, identify its positive and negative sides, and propose solutions to the problems identified during the study. The author draws attention to the fact that no comprehensive studies have been conducted in the field of the implementation of the right of suspects, accused and convicted persons to compensation for violation of the conditions of their detention in modern Russian science of penal enforcement law. This is due to the fact that the new order in this area has been applied since January 2020. In this regard, the practice of its im-plementation is not numerous. The author’s conclusions are based on the analysis of scientific literature and 180 decisions of courts of various instances in the period from 2020 to 2021, presented in the Consultant Plus reference and search system.
the right to compensation; conditions of detention; suspect; accused; convicted; correctional institution; pretrial detention center.