THEORETICAL AND PRACTICAL ASPECTS OF THE DEFINITION OF GROUNDS FOR APPLICATION OF MEASURES OF CRIMINAL PROCEDURAL COERCION OF PROPERTY CHARACTER IN THE FORM OF TEMPORARY SUSPENSION FROM OFFICE (ART. 114 CODE OF CRIMINAL PROCEDURE)

In this article analyzes the existing in the science of criminal process, the discussion on consolidation in article 114 of the Code of Criminal Procedure specific grounds of application of provisional suspension from office. The author notes that the Constitutional Court of Russia repeatedly, starting in 2006, emphasized that this measure of coercion is elected if there is sufficient reason to believe about any potential or actual obstruction of a suspect or accused in a criminal case. Given the complex analysis of judicial practice the author comes to the conclusion that the problem of implementation of article 114 of the Code of Criminal Procedure is not the absence of legislative consolidation of the grounds for temporary suspension from office, and failure to provide the courts with the bodies of preliminary investigation data (actual data) reasonably confirming the assumption about the need for such measures of criminal procedural coercion of property character.