TO THE QUESTION ON PERSONS IN RESPECT OF WHOM A VALID APPLICATION OF THE PROVISIONAL SUSPENSION FROM OFFICE AS A MEASURE OF CRIMINAL PROCEDURAL COERCION OF PROPERTY CHARACTER

In this article it is noted that the Russian criminal-procedural legislation for the purposes of applying article 114 of the Сode of Сriminal Procedure contains no definition of «the post» and that's why a question arises about the number of persons in respect of which a valid implementation of the provisional suspension from office. However, the study of the legal nature of the coercive measures, judicial practice, and also opinions of scientists are allowed to come to the conclusion that the concept of «the post» (article 114 Сode of Сriminal Procedure) should not be linked to narrowly contained by the category of «executive» that are present in the note to article 285 of the Сriminal Сode. Given the legal position of the constitutional Court of the Russian Federation concerning certain categories of entities, the removal of which is valid on the basis of article 114 of the Сriminal Procedure Code of the Russian Federation, expressed a critical attitude towards the conclusions of the individual authors in the framework of the analyzed aspects of the publication.