Problems of the arrest order of entrepreneurs

Problems of application of custody, its social meaning are caused by the existence of norms of the Criminal Procedure Code of the Russian Federation on unavailability to apply it for entrepreneurs. In practice, it is special additional, substantive, procedural guarantees which come from entrepreneurial activity, its helplessness from persons who are aimed at property redistribution. The issue of legal content of this norm was the subject matter of the Constitutional Court of the Russian Federation. It confirmed the validity of this new norm, marked that Articles 97 and 99 of the Criminal Procedure Code of the Russian Federation, which define common grounds for all pre-trial restrictions, can not be regarded as measures which allow to ignore conditions of infliction of pre-trial restrictions. These measures are fixed with special norms of the Code (such as Part 1.1. of Art. 108), but they are applied only in cases when crimes under Articles 159, 160, 165 of the Criminal Code of the Russian Federation are committed in entrepreneurial activity. The Plenum of the Supreme Court of the Russian Federation explains the true meaning of this restriction. Decree 22 of December 29, 2009 states that crimes under Articles 159, 160, 165 of the Criminal Code of the Russian Federation should be regarded as crimes in the sphere of entrepreneurial activity if they are committed by persons carrying out entrepreneurial activity or involved in it; and these crimes are directly related to this activity. Decree 41 of December 19, 2013 has a specification: the crimes shall be committed by a person carrying out entrepreneurial activity him- / herself or by a person involved in entrepreneurial activity of a legal entity. The author supposes that if an entrepreneur is charged with other crimes (besides the mentioned ones), with the sentence of more than three years of imprisonment; prohibition against arrest becomes invalid. It seems necessary to complete Article 108 of the Criminal procedure Code of the Russian Federation with the following amendment: "Provisions of Part 1.1 are not applied if the suspect, the defendant inflicted harm to a federal or municipal unitary enterprise, a state-owned corporation, a federal enterprise, a business corporation owned or controlled partly by the government or by a municipal entity; or if the subject of the crime is government or municipal property".

Keywords

Authors

References