To the Question of Departmental Procedural Control Over Decisions on Using the Measure of Restraint for Crimes in the Sphrere of Entrepreneurship and Other Economic Activities

Abstract

The author examines the norm of Part 1.1. Art. 108 of the Criminal Procedure Code and the clauses presented in the Decree of the Plenary Session of the Supreme Court of the Russian Federation of Nov. 15, 2016 № 48 (edition of June 11, 2020). The concept of entrepreneurial activity, its substantive and formal attributes are studied. The norms of the Criminal Code, the Civil Code of the Russian Federation and the Law “On Public Unions” are analyzed. The author studies discrepancies in the norms of procedural and material law, and suggests how they could be eliminated through departmental procedural control. He also describes the operating procedures for officers authorized to carry out departmental procedural control when making decisions to petition the court on choosing the measure of restraint. The author states that it is important to observe the principles of legality and equality of citizens involved in entrepreneurial activities before the law and courts. It is noted that there is no necessity to amend the criminal procedure code in order to assign to the head of the inquiry department, the head of the inquiry body or the head of the investigation body the duty to establish the facts of legal entrepreneurial activities that could be carried out without formal attributes. The author concludes that the procedure of departmental control described in the article arises from the principle of legality.