РЕАЛИЗАЦИЯ ПРЕДПРИНИМАТЕЛЯМИ, СОДЕРЖАЩИМИСЯ В СЛЕДСТВЕННЫХ ИЗОЛЯТОРАХ, ПРАВА НА ОФОРМЛЕНИЕ ДОКУМЕНТОВ, УДОСТОВЕРЯЕМЫХ НОТАРИУСОМ

Abstract

Taking into account the analysis of the current legislation, including the new Internal Regulations of pre-trial detention facilities of the penal enforcement system in 2022, judicial statistics and law enforcement practice, the article examines some features of the implementation by entrepreneurs held in pre-trial detention facilities of the right to issue documents certified by a notary. In relation to entrepreneurs accused of committing crimes in the field of entrepreneurial and other economic activities, a preventive measure in the form of detention may be applied only as an exception. At the same time, there are a number of exceptions to the prohibition on the use of a preventive measure in the form of detention against entrepreneurs provided for in Part 1.1 of Article 108 of the Criminal Procedure Code of the Russian Federation. There is a certain legal mechanism for applying a preventive measure in connection with the right of an accused entrepreneur held in a pre-trial detention center to meet with a notary. The new Internal Regulations of pre-trial detention facilities of the penal enforcement system establish a certain procedure for visits of suspects and accused persons in the field of entrepreneurial activity with a notary in order to certify a power of attorney for the right to represent interests.