ON THE PROCEDURE OF APPLICATION OF THE MEASURE OF PROCEDURAL COERCION IN THE FORM OF TEMPORARY REMOVAL FROM OFFICE TO THE DIRECTOR GENERAL OF A JOINT-STOCK COMPANY

The article examines the study of the relations between the interests of society associated with eradication of economic crime and the interests of business community aimed at the stability of economic turnover and obstruction of illegal competition through the use of measures of criminal procedure — temporary suspension from the post of the Director General of the company. Positions of the Constitutional Court of the Russian Federation according to which the code of criminal procedure has no advantage over other Federal laws from the point of view of hierarchy of regulations are given, which can lead practitioners to legal uncertainty, because there are some signs of competition of legal requirements contained in article 69 of the Federal law “On the joint stock companies” and part 1, 2 of article 114 of the code of criminal procedure, as these rules are the rules of the same level as contained in the regulations of the same legal force. The right of legislator to establish the priority of the code of criminal procedure over other Federal laws, which contains a restriction in the form of a number of factors, is analyzed. The situations of conflict of the norms of the criminal procedure code and other specialized laws are considered, which are resolved by the legislator by refusal of unconditional priority to norms of the criminal procedure legislation in cases when in other legislative acts additional guarantees of the rights of certain categories of persons are established. Examples of such legal situations are given, in particular, by considering the ratio of the code of criminal procedure and the Federal law “On advocacy and legal profession in the Russian Federation”, the order of the search in the offices of the latter is analyzed. Judicial practice in similar legal relations regulated by the Federal law “On auditing” is considered. The article analyses the judicial practice on this issue and stated that the use to protect the interests of the Director of the joint‑stock companies references to article 69 of the Federal law “On the joint‑stock companies” based on the provisions of the current criminal procedure legislation is not justified, because they do not create conflict with the provisions of parts 1 and 2 of article 114 of the code of criminal procedure.

measures of procedural coercion, temporary suspension, proof, fraud, bankruptcy, abuse of authority, crimes in the field of economic activity, malfeasance, joint stock company, protection of entrepreneurs.

Ushakov O. M. On the procedure of application of the measure of procedural coercion in the form of temporary removal from office to the Director General of a joint-stock company. Business. Education. Law, 2019, no. 2, pp. 292–296. DOI: 10.25683/VOLBI.2019.47.277.