Rehabilitation in the administrative and tort process

The article is devoted to the study of the issue of observance of the rights of individuals and legal entities in the administrative tort process. Regulation of issues of compensation for harm caused by illegal administrative prosecution through exclusively civil-right mechanisms does not allow for full observance of rights of persons subjected to state coercion, since they do not take into account the specifics of inequality of subject composition of legal relations arising in such cases. The lack of legal regulation of the institution of rehabilitation in the administrative and tort process entails a violation of the right guaranteed by the Constitution of Russian Federation to compensation for harm caused by state authorities. Based on the oretical research on this issue, the article substantiates the provisions on need to make appropriate amendments to the Code of Administrative Offenses of Russian Federation. The author proposed the need to consolidate in the Code of Administrative Offenses of Russian Federation a list of rehabilitating grounds for terminating proceedings in administrative offense case, which should include the termination of proceedings due to the absence of event or the composition of an administrative offense. Also, the article substantiates the need to supplement Part 1 of Art. 29.10 of the Code of Administrative Offenses of Russian Federation with the provision that in the event of termination of proceedings in administrative offense case, the right to rehabilitation is recognized for the person. The author put forward a proposal to amend Art. 24.5 of the Code of Administrative Offenses of the Russian Federation, providing for the obligation of the body considering the case of administrative offense, in the event of termination of the proceedings on this basis, to assess the actions of the person for his guilt in committing the offense imputed to him.