To the issue of sense of the legal instruction containing in the part 1.1 of the article 108 of the CPC of the Russian Federation

The circle of persons on which prohibition on detention of businessmen extends introduced by the Part 1.1 of the Article 108 of the Criminal Procedural Code of Russia is analyzed in the article. Conditions at which this prohibition operates are discussed. Conclusions about sense of Part 1.1 of the Article 108 of the CPC are made on the basis of the conventional canons of interpretation of rules of law. The conclusion about wrong application of analyzed norm by courts is presented.