Abstract

The use of a preventive measure in the form of detention in criminal cases of an economic nature is currently becoming widespread. According to statistics from the Judicial Department of the Supreme Court of the Russian Federation, in 2022 the number of people convicted in criminal cases of an economic nature increased, including an increase in the number of cases of choosing a preventive measure in the form of detention in relation to entrepreneurs. The use of such an emergency preventive measure cannot but affect the investment climate of the Russian Federation, as well as the country’s economic growth in general. The article analyzes the feasibility of using the measure under study in criminal cases of an economic nature. The criteria for the detention of persons who have committed economic crimes, developed by the Supreme Court of the Russian Federation, are considered. As a result of the analysis, it was concluded that the use of the measure under study is extreme, since the law enforcement officer has discretionary powers to choose other preventive measures that are not related to imprisonment and allow the entrepreneur to implement publicly significant functions in society.

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