Оn the Judicial Mechanism of Applying Measures of Restraint in the Context of a Crime Concept Related to Business Activities

Abstract

The correlation of the concepts of entrepreneurial activity, contained in the norms of civil and criminal procedural legislation, as well as in the provisions of the bill defining the concept of a crime related to entrepreneurial activity, is interpreted. The issue of the need to introduce a ban on the use of such a measure of restraint as detention in relation to persons engaged in legal business activities, but not having the status of an individual entrepreneur or head of a commercial organization, is being considered. The possibility of applying a pre-trial court decision in relation to this category of persons and changing the preventive measure for them to a softer one is analyzed. The issue of the application of the analogy of the criminal procedure law when deciding in the judicial procedure the issue of choosing a measure of restraint is being investigated. Proposals have been made for solving the identified problems by strengthening departmental procedural control, expanding the powers of the prosecutor, and introducing the institution of investigative judges. It is concluded that the proposed ways to overcome the considered imbalance between the norms of the Civil Code of the Russian Federation, the Code of Criminal Procedure of the Russian Federation and the bill are most effectively eliminated by making appropriate changes to the norms of the criminal procedure law and the concept of a crime related to entrepreneurial activity proposed by the Supreme Court of the Russian Federation.