to Introduce a mechanism of rehabilitation for people illegally brought to administrative responsibility, has offered the Ministry of justice. Lawyers believe that due to the consolidation of this mechanism in the code more people will be able to obtain compensation for the illegal fines and arrests.
One of the main changes in the new draft concerning the procedural part of the administrative code, was the introduction of the right to rehabilitation for citizens unreasonably subjected to administrative liability. Contesting a fine for a traffic violation or an administrative arrest, it will be possible to obtain compensation for the attorney’s fees or damages.
the Lawyer Alexander Peredruk explained “MK”, that to obtain compensation for unlawful administrative action was before — when considering such claims, the courts relied on the civil law. However, the lawyer believes that some consolidation of the right to rehabilitation in Cao will lead to positive changes and protection of violated rights will be easier.
Practice on such cases has already formed, I’ve had enough of such cases. Once managed to get even compensation in 50 thousand rubles for two days that people spent in the police Department until a court decision in his case. If the Cao will be fixed, that the termination of the case on rehabilitating grounds definitely gives the right to compensation of damage, courts will only resolve the issue with the amount of compensation, not to decide in each case whether a person has the right to compensation in principle.