Временное отстранение обвиняемого (подозреваемого) от должности: пробелы законодательной регламентации и пути их преодоления

Abstract

Relevance of the research: In the Russian Federation a temporary suspension from work is provided as a measure of procedural coercion. Many theoretical and practical aspects of the application of this measure have not been fully explored, which complicates law enforcement practice and creates the prerequisites for violating its uniformity.Formulation of the problem: In the science a consensus has not been reached on subjects that may be removed from work. The correlation of temporary dismissal from work as a measure of procedural coercion with dismissal, carried out in a departmental manner. The law does not highlight the grounds for this coercive measure, does not specify the procedure for its election. There are no grounds for canceling a temporary suspension. Objectives and research methods: The aim of the study is to develop an optimal algorithm for applying temporary dismissal from work as a measure of procedural coercion, to determine the circle of subjects to which this measure is applied, to clarify the procedural order of its application, to formulate the grounds for canceling temporary suspension from work. In the work, the method of dialectical materialism was used, which involves the study of phenomena taking into account mutual relations and dependencies. Methods such as formal legal, analysis and synthesis, deduction and induction were also used. Results and key findings: The correlation of the criminal procedure and the “departmental” dismissal is carried out. The grounds for applying this coercive measure are data on the person’s ability to continue to engage in criminal activity and oppose the investigation and judicial examination of the case while on work. Suspension may apply not only to officials, but to any employees, except for deputies and judges. The procedure for suspension from work is generally identical to the procedure for detention. At the hearing, the presence of the accused (suspect) must be ensured.