Detention of suspects committed business and economic crimes : some application problems

The author considers the features of the regulation of the application of a measure of restraint in the form of detention against entrepreneurs in criminal cases on economic crimes, as well as the practice of applying these norms. The relevance of the study lies in a wide public discussion about the presence of undue pressure on business, in a constructive change in the criminal procedure legislation, as well as inconsistent court practice. The author notes that today the main problem of applying the studied measure of restraint lies not in the legislative regulation, but in the absence of a developed single consistent position of the courts. At the same time, as a result of the analysis of the research topic, it is concluded that as part of the further comprehensive implementation of measures to reform the institutions for protecting entrepreneurship and creating a favorable environment for business, in the context of geopolitical instability, it is necessary to develop and adopt a number of changes to the criminal procedure legislation. In particular, it seems necessary to amend Part 1.1 of Art. 108 of the Code of Criminal Procedure of the Russian Federation, as well as the development of clear criteria by which economic activity could be distinguished from other types of activity in the field of criminal procedure.

preventive measure, detention, entrepreneurial activity, businessman, economic crimes, criminal proceedings, investigator, investigation, investigation of crimes, preliminary investigation