Measure of procedural compulsion of temporary suspension towards persons engaged in entrepreneurial and other economic activities: certain problems of application

The paper considers some peculiarities of application of a measure of procedural compulsion - temporary suspension in relation to persons engaged in entrepreneurial and other economic activities. The author notes that at present the application of suspension in the practical sphere causes considerable difficulties, whereas in the scientific sphere it is the subject of debate. In addition, the analysis of law enforcement practice shows a number of problems associated with the legislative regulation of the application of this measure, as well as the dual approach of law enforcement agencies. As a result of the study the author concludes that temporary suspension from office is a measure of procedural compulsion, which is applied during the preliminary investigation on the basis of a court decision in respect of suspects (accused), regardless of their position and sphere of activity, excluding persons provided for in part 5 of article 114 of the Criminal Procedure Code of the Russian Federation. In view of the relevance of the introduction of additional legislative guarantees for business entities against the unwarranted use of measures of compulsion, it is necessary to introduce provisions that would not allow law enforcement to stretch the law, including in terms of suspension. In connection with the above and taking into account the legal stance of the Constitutional Court of the Russian Federation it is proposed to amend part 1 of article 114 of the Criminal Procedure Code of the Russian Federation.