Бизнес-омбудсмен предложил усовершенствовать практику применения залога в качестве меры пресечения для бизнесменов

Наталья Ключевская

Бизнес-омбудсмен предложил усовершенствовать практику применения залога в качестве меры пресечения для бизнесменов
AY_PHOTO / Depositphotos.com

Свои идеи на этот счет Уполномоченный при Президенте РФ по защите прав предпринимателей Борис Титов высказал на встрече с главой государства Владимиром Путиным, в ходе которой он представил очередной ежегодный доклад о положении дел с правами человека в области предпринимательской деятельности.

Правозащитник отметил, что самой большой проблемой для предпринимателей является применение во время предварительного следствия или судебного процесса меры пресечения в виде содержания под стражей. «Содержание предпринимателя под стражей является очень сильным негативным влиянием на его бизнес», – подчеркнул он. Такая мера пресечения отражается не только на деятельности компании или ИП, но и на сотрудниках, которые из-за проблем с бизнесом могут лишиться работы.

В связи с этим бизнес-обмудсмен попросил главу государства поспособствовать в возможном изменении законодательства и подготовке Верховным Судом Российской Федерации специального разъяснения, касающегося меры пресечения в виде залога – чтобы он рассматривался как первая возможная мера пресечения и имел приоритет перед заключением под стражу. «Это было бы, по нашему мнению, очень серьезное изменение, которое позволило бы предпринимателю не уходить от ответственности, с другой стороны, продолжать иметь возможность вести бизнес», – считает Борис Титов.

От чего зависят вид и размер залога? Узнайте из Домашней правовой энциклопедии в интернет-версии системы ГАРАНТ. Получите бесплатный доступ на 3 дня!

Получить доступ

Напомним, в настоящее время залог регулируется ст. 106 Уголовно-процессуального кодекса. Он состоит во внесении обвиняемым (подозреваемым) или иным лицом (физическим или юридическим) денег, ценных бумаг, других ценностей на депозитный счет органа, избравшего такую меру пресечения. Это делается в целях обеспечения явки подозреваемого (обвиняемого) к следователю, дознавателю или в суд, предупреждения совершения им новых преступлений, а также действий, препятствующих производству по делу.

Владимир Путин в целом согласился с доводами уполномоченного, но отметил, что надо внимательно проанализировать ситуацию. «Здесь важна, конечно, сумма залога. Потому что, если предполагаемое преступление тянет на миллиарды, а сумма залога 10 копеек, то тогда это не работает. С другой стороны, это тоже может быть действенным инструментом, чтобы эффективно вести, с одной стороны, дело, расследовать, с другой стороны, не прекращать деятельность предприятия, не останавливать, людей на улицу не выбрасывать», – заключил Президент РФ.

Кроме того, в представленном на встрече докладе предлагается наделить Уполномоченного при Президенте РФ по защите прав предпринимателей и региональных бизнес-омбудсменов дополнительными адвокатскими полномочиями:

выступать представителями защищаемых субъектов во всех типах судопроизводства; вступать в дело в качестве защитника (в уголовном процессе) и для дачи заключения (в арбитражном процессе); выступать административными истцами, обжаловать вступившие в силу судебные акты (в административном судопроизводстве); оспаривать в судах муниципальные правовые акты с их приостановлением до вступления в силу решения суда; посещать места содержания под стражей и места лишения свободы без специального на то разрешения.

Также отмечается, что все уполномоченные должны обладать свидетельским иммунитетом, чтобы не участвовать в допросах в качестве свидетелей по обстоятельствам, ставшим им известными в связи с выполнением их функций.

Источник: garant.ru

520 комментария

Aw, this was an extremely good post. Taking the time and actual
effort to create a very good article… but what can I say… I hesitate a lot and don’t seem
to get nearly anything done.

I would like to thnkx for the efforts you have put in writing this blog. I am hoping the same high-grade blog post from you in the upcoming as well. In fact your creative writing abilities has inspired me to get my own blog now. Really the blogging is spreading its wings quickly. Your write up is a good example of it.

Hello, i think that i noticed you visited my site thus i got
here to return the favor?.I am trying to in finding issues
to improve my web site!I suppose its good enough to use some
of your ideas!!

An outstanding share! I’ve just forwarded this onto a coworker who had been conducting a
little research on this. And he in fact bought me lunch simply because I stumbled
upon it for him… lol. So let me reword this….

Thank YOU for the meal!! But yeah, thanks for spending time to talk
about this issue here on your web site.

Hey! I’m at work surfing around your blog from my new apple iphone!
Just wanted to say I love reading your blog and look forward to all your posts!
Carry on the superb work!

I’ll immediately seize your rss feed as I can not to find your email subscription hyperlink or
newsletter service. Do you have any? Kindly allow me understand so that I may just subscribe.
Thanks.

Great article! That is the kind of info that are meant to be shared across the web.
Disgrace on Google for now not positioning this publish higher!
Come on over and visit my website . Thank you =)

Amazing blog! Do you have any hints for aspiring writers?
I’m hoping to start my own website soon but I’m a little lost
on everything. Would you recommend starting with
a free platform like WordPress or go for a paid option? There are so many options out there that I’m
totally confused .. Any recommendations?
Appreciate it!

Hi! I know this is kind of off topic but I was wondering which blog platform
are you using for this website? I’m getting tired of WordPress
because I’ve had issues with hackers and I’m
looking at options for another platform. I would be fantastic if you
could point me in the direction of a good platform.

I am really impressed with your writing skills as well
as with the layout on your weblog. Is this a paid theme or did you modify it yourself?

Anyway keep up the nice quality writing, it is rare to see a nice blog like this one today.

Unquestionably believe that which you stated.
Your favorite justification appeared to be on the web the simplest thing
to be aware of. I say to you, I certainly get irked while people consider worries that they plainly do not know
about. You managed to hit the nail upon the top as well
as defined out the whole thing without having side effect , people can take a signal.
Will probably be back to get more. Thanks

Excellent blog right here! Also your website a lot up fast!
What host are you the usage of? Can I am getting your affiliate hyperlink for your host?
I wish my site loaded up as quickly as yours lol

I’ve been browsing online more than 3 hours
today, yet I by no means found any fascinating article like yours.
It’s pretty worth sufficient for me. In my view, if all website owners and bloggers made
excellent content as you did, the web can be much more useful than ever before.

I seriously love your blog.. Excellent colors & theme.
Did you develop this web site yourself? Please reply back as
I’m attempting to create my own personal site and would
love to learn where you got this from or exactly what the theme is called.
Many thanks!

Its like you read my mind! You seem to know a lot about this, like you
wrote the book in it or something. I think that you could do with some pics to drive the message home
a bit, but instead of that, this is excellent blog.
An excellent read. I’ll definitely be back.

Sweet blog! I found it while searching on Yahoo News. Do you have any tips on how to get listed
in Yahoo News? I’ve been trying for a while but I never seem to get
there! Cheers

With havin so much written content do you ever
run into any issues of plagorism or copyright violation? My site has a lot of unique content I’ve either created myself or outsourced but it
appears a lot of it is popping it up all over the web without my permission. Do you know any ways to help
prevent content from being stolen? I’d genuinely appreciate it.

hello!,I like your writing so a lot! percentage we keep in touch extra about your post on AOL? I require a specialist in this space to unravel my problem. Maybe that’s you! Looking ahead to peer you.

Hi there! This article couldn’t be written any better! Going through this article reminds me of my previous roommate!

He constantly kept talking about this. I am going to send this article to him.

Pretty sure he’ll have a good read. I appreciate you for sharing!

Hi! This post couldn’t be written any better! Reading this post reminds me of my previous room mate! He always kept talking about this. I will forward this page to him. Pretty sure he will have a good read. Thank you for sharing!

That is very interesting, You are an overly professional blogger.
I have joined your rss feed and sit up for in quest of more of your magnificent post.
Also, I have shared your website in my social networks

Its like you read my mind! You seem to know so much about this,
like you wrote the book in it or something. I think that you
could do with some pics to drive the message home a little bit, but other
than that, this is great blog. An excellent read. I’ll certainly be back.

My programmer is trying to persuade me to move to .net from PHP.
I have always disliked the idea because of the costs. But he’s tryiong
none the less. I’ve been using Movable-type on numerous websites for about
a year and am concerned about switching to another
platform. I have heard great things about blogengine.net.
Is there a way I can import all my wordpress posts into it?
Any kind of help would be really appreciated!

Have you ever considered about including a little bit more than just your articles?
I mean, what you say is fundamental and everything. However think about if you added
some great pictures or videos to give your posts more, «pop»!
Your content is excellent but with pics and videos, this blog could definitely be one of
the best in its field. Excellent blog!

I’ll right away seize your rss feed as I can’t in finding your e-mail subscription hyperlink
or newsletter service. Do you have any? Kindly allow me know so that I may
subscribe. Thanks.

We stumbled over here from a different web address and thought I might
check things out. I like what I see so now i’m following you.
Look forward to looking into your web page yet again.

Simply wish to say your article is as surprising. The clearness in your post is just cool and i could assume you’re
an expert on this subject. Well with your permission let me to grab your feed to
keep updated with forthcoming post. Thanks a million and please carry
on the rewarding work.

Aw, this was a very nice post. Taking the time
and actual effort to create a very good article… but what can I
say… I hesitate a lot and never manage to get nearly anything done.

I’m not sure where you are getting your information, but great topic.
I needs to spend some time learning more or understanding more.
Thanks for great info I was looking for this info for my
mission.

It is truly a nice and useful piece of information. I am happy that you
just shared this useful info with us. Please keep us up to date like
this. Thank you for sharing.

Good day! I know this is somewhat off topic but I was wondering which
blog platform are you using for this website?

I’m getting sick and tired of WordPress because I’ve had
issues with hackers and I’m looking at options
for another platform. I would be great if you could point me in the direction of a good platform.

I like the helpful information you supply for your articles.
I’ll bookmark your weblog and check again here regularly.
I’m relatively certain I will learn many new stuff proper here!
Best of luck for the following!

Hi would you mind sharing which blog platform
you’re working with? I’m looking to start my own blog in the near future but I’m having a difficult
time selecting between BlogEngine/Wordpress/B2evolution and Drupal.
The reason I ask is because your design seems different then most blogs and
I’m looking for something completely unique. P.S Apologies for getting off-topic but I had
to ask!

I was wondering if you ever considered changing the layout
of your blog? Its very well written; I love what youve got to say.
But maybe you could a little more in the way of content
so people could connect with it better. Youve got an awful lot of text for only having one or 2 pictures.
Maybe you could space it out better?

Attractive portion of content. I just stumbled upon your weblog and in accession capital to claim that I acquire in fact loved account your blog posts.
Any way I’ll be subscribing on your augment and even I fulfillment you access constantly
fast.

Hello there! This post could not be written any better!

Reading this post reminds me of my old room mate! He always
kept talking about this. I will forward this
write-up to him. Pretty sure he will have a good read. Thanks for sharing!

Great blog here! Also your web site lots up very fast! What web
host are you the use of? Can I am getting your affiliate hyperlink on your host?
I wish my web site loaded up as fast as yours lol

Fantastic beat ! I would like to apprentice while you amend your website, how could i subscribe for
a blog site? The account helped me a acceptable deal.
I had been a little bit acquainted of this your broadcast provided bright clear idea

I believe this is among the so much important info for me.
And i’m glad reading your article. But want to commentary on some basic issues,
The website style is ideal, the articles is actually nice : D.
Excellent process, cheers

I like the valuable information you supply for your articles.
I will bookmark your weblog and take a look at again right here regularly.

I am quite certain I will be told many new stuff right right here!
Best of luck for the following!

I do accept as true with all of the ideas you have introduced to your post.

They are really convincing and can definitely work.

Still, the posts are very short for newbies. Could you please lengthen them a bit from subsequent time?

Thank you for the post.

Fantastic items from you, man. I’ve take into accout
your stuff prior to and you are simply extremely great. I really
like what you have received here, certainly like what you’re stating
and the best way in which you are saying it. You’re making it enjoyable and you still take care of to keep it wise.
I cant wait to learn far more from you. That is actually a tremendous web site.

Hi, Neat post. There is a problem with your website in web explorer, might check this?
IE nonetheless is the market chief and a big
element of other people will miss your fantastic writing because of this
problem.

Hello, Neat post. There’s an issue together with your site in web explorer,
may check this? IE nonetheless is the market leader and a big portion of
other folks will pass over your fantastic writing because
of this problem.

I blog frequently and I really thank you for your content.
This article has truly peaked my interest. I’m going to bookmark your blog and keep checking for new information about
once per week. I opted in for your Feed too.

Howdy I am so thrilled I found your webpage, I really found you by
error, while I was browsing on Google for something else, Regardless I
am here now and would just like to say thanks a lot for
a remarkable post and a all round entertaining blog (I also love the theme/design), I don’t have
time to read it all at the moment but I have saved it and also added your RSS feeds, so when I have time I will
be back to read a lot more, Please do keep up the superb work.

I’m really impressed with your writing skills as
well as with the layout on your weblog. Is this a paid theme or
did you modify it yourself? Anyway keep up the
excellent quality writing, it’s rare to see a nice blog like this
one nowadays.

Fantastic goods from you, man. I have understand your stuff previous
to and you’re just extremely great. I actually like what you’ve acquired here,
certainly like what you’re stating and the way in which you say it.
You make it entertaining and you still care for to
keep it sensible. I can not wait to read far more from you.
This is actually a wonderful web site.

obviously like your web site but you need to take a look at the spelling on several of your posts.
Several of them are rife with spelling problems and I find
it very bothersome to inform the truth however I’ll surely come again again.

It’s a pity you don’t have a donate button! I’d
certainly donate to this outstanding blog! I guess for now i’ll settle for book-marking and
adding your RSS feed to my Google account. I look forward to fresh updates and will
talk about this website with my Facebook group. Talk
soon!

I know this if off topic but I’m looking into starting my own weblog and
was wondering what all is needed to get set up? I’m assuming having a blog like
yours would cost a pretty penny? I’m not very web savvy so I’m not 100% sure.
Any suggestions or advice would be greatly appreciated.
Cheers

It’s appropriate time to make a few plans for the long run and it’s time to be happy.
I’ve learn this submit and if I may I wish to suggest you some interesting issues
or suggestions. Perhaps you can write subsequent articles regarding
this article. I want to read even more issues about
it!

Greetings from Ohio! I’m bored to tears at work so I decided
to check out your blog on my iphone during lunch break. I love the knowledge you
present here and can’t wait to take a look when I get home.
I’m surprised at how fast your blog loaded on my mobile ..
I’m not even using WIFI, just 3G .. Anyways, great blog!

Unquestionably believe that which you said. Your favorite justification seemed
to be on the web the simplest thing to be aware of.
I say to you, I definitely get irked while people think about worries that they plainly do
not know about. You managed to hit the nail upon the top and defined out the
whole thing without having side effect , people could take a signal.
Will likely be back to get more. Thanks

Hello would you mind letting me know which web host you’re
utilizing? I’ve loaded your blog in 3 completely different
browsers and I must say this blog loads a lot faster then most.
Can you suggest a good web hosting provider at a fair price?
Thanks, I appreciate it!

Thanks for a marvelous posting! I certainly enjoyed reading it, you might be a great author.I will make certain to bookmark your blog and will often come back from now on. I want to encourage one to continue your great work, have a nice holiday weekend!

Hello just wanted to give you a quick heads up. The text in your article seem
to be running off the screen in Ie. I’m not sure if this is a formatting issue or something to do with browser compatibility but I
thought I’d post to let you know. The style and design look great though!

Hope you get the problem solved soon. Many thanks

Hello There. I discovered your weblog the usage of msn. This
is a very well written article. I will make sure to bookmark it
and come back to read more of your helpful information. Thanks for the post.
I will definitely comeback.

Thanks a lot for sharing this with all people you actually recognize what you’re talking about! Bookmarked. Kindly also visit my website =). We can have a hyperlink change agreement among us!

Having read this I believed it was really informative. I appreciate you spending
some time and effort to put this informative article together.
I once again find myself personally spending a lot of time both reading and
commenting. But so what, it was still worth it!

I’m not sure exactly why but this site is loading very slow for me.

Is anyone else having this problem or is it a problem
on my end? I’ll check back later and see if the problem still exists.

I simply could not leave your site prior to suggesting
that I really enjoyed the usual information a person supply on your visitors?
Is going to be back ceaselessly in order to check out new posts

Right here is the perfect site for anyone who wishes to find out about
this topic. You understand a whole lot its
almost tough to argue with you (not that I really would want to…HaHa).
You certainly put a new spin on a subject which has been written about for years.
Great stuff, just excellent!

I know this if off topic but I’m looking into starting my own blog and was curious what all is needed to get set up?
I’m assuming having a blog like yours would cost a pretty penny?
I’m not very web savvy so I’m not 100% sure.
Any tips or advice would be greatly appreciated. Thank you

Undeniably imagine that which you said. Your favourite reason seemed to be at the net
the simplest thing to bear in mind of. I say to you, I certainly get irked whilst other people think about worries that they just don’t know about.
You managed to hit the nail upon the highest and defined out the whole thing
with no need side effect , other people could take a signal.
Will probably be again to get more. Thanks

I do accept as true with all of the ideas you have offered to your post.
They are really convincing and can certainly work. Still, the
posts are very quick for beginners. Could you please lengthen them a little from subsequent time?
Thank you for the post.

wonderful post, very informative. I wonder why the other
specialists of this sector do not notice this. You must continue
your writing. I’m sure, you have a great readers’ base already!

Hello there, simply become alert to your weblog thru Google, and found that it’s truly informative. I’m going to be careful for brussels. I will appreciate in case you proceed this in future. Numerous other folks can be benefited out of your writing. Cheers!

What i don’t understood is in fact how you’re no longer really a lot more neatly-liked than you might be right now. You are very intelligent. You already know therefore significantly in the case of this subject, produced me personally imagine it from a lot of varied angles. Its like men and women don’t seem to be interested except it is something to accomplish with Lady gaga! Your own stuffs excellent. Always maintain it up!

hello!,I like your writing very much! proportion we be in contact extra about
your post on AOL? I require an expert on this area to solve my problem.
May be that’s you! Looking forward to see you.

Great blog! Is your theme custom made or did you download it from somewhere?
A design like yours with a few simple adjustements
would really make my blog stand out. Please let me know where you got your design. Bless you

Nice read, I just passed this onto a colleague who was doing some research on that. And he just bought me lunch since I found it for him smile So let me rephrase that: Thank you for lunch! «The future is not something we enter. The future is something we create.» by Leonard I. Sweet.

Aw, this was a very nice post. Spending some time and actual
effort to generate a good article… but what can I say… I procrastinate a lot and don’t manage to get nearly anything done.

Java Burn is the world’s first and only 100 safe and proprietary formula designed to boost the speed and efficiency of your metabolism by mixing with the natural ingredients in coffee.

Once I originally commented I clicked the -Notify me when new comments are added- checkbox and now every time a comment is added I get 4 emails with the identical comment. Is there any means you’ll be able to remove me from that service? Thanks!

obviously like your web site however you need to take a look at the spelling on quite a few of your posts. Several of them are rife with spelling problems and I in finding it very troublesome to inform the reality nevertheless I will certainly come back again.

naturally like your web site but you have to check the spelling on several of your posts. A number of them are rife with spelling issues and I in finding it very troublesome to tell the truth then again I will surely come back again.

«I was absolutely delighted to stumble upon your post today! The clarity and thoughtfulness of your arguments were a breath of fresh air. It’s evident that a lot of effort and passion went into crafting this piece. I’ve learned so much and feel inspired. Keep up the fantastic work!»