Challenging Aspects of Determining the Scope of Persons Covered by Entrepreneurial Guarantees When Pre-Trial Restrictions in the Form of Detention Are Applied

The work is devoted to the study of doctrinal approaches to the definition of the subject composition of persons who are subject to additional guarantees in the application of preventive measure in the form of pretrial detention (part 1.1, part 3.1 of article 108 of the Criminal Procedure Code of the Russian Federation (CPC of the RF). It is established that the doctrine defines the subject composition of such persons in different ways. It is determined that at the level of law there are no sufficient explanations of the issues concerning the subject composition of persons falling under the procedural guarantees established in part 1.1, part 3.1 of article 108 of the CPC of the RF and arising for law enforcers in the application of preventive measure in the form of pretrial detention to persons accused or suspected of committing economic crimes in connection with their entrepreneurial activities. As a result of the conducted research the author concludes that it is necessary to make appropriate changes in the Russian criminal procedural legislation, and also offers law enforcers to apply the criteria proposed by the author to identify persons subject to the relevant procedural guarantees.