In accordance with point 1 article 37 of the Constitution of the RF every person has the right to freedom of disposal of his abilities to labor, choose the type of activity and profession. Evidently limitation of these rights is possible only on the basis of judicial decision. These provisions have been developed in branch legislation therefore the rules of limitation of the right to labor at the stage of preliminary investigation on criminal cases received a detailed regulation in article 114 of the Criminal Procedure Code of the RF.
отстранение от должности, ходатайство, суд, рассмотрение дела, УПК РФ, обвиняемый.
removal from office, petition, court, consideration of the case, Criminal Procedure Code of the RF, accused.
The article gives examples of the newest investigative-judicial practice. The analysis of such practice will allow to make a conclusion that definite algorithm of application of articles 108–109 of the Criminal Procedure Code of the Russian Federation taking into account the requirements of Chapter 40-1 of the Criminal Procedure Code has not been worked out so far.
The article considers an actual and extremely important topic - delineation of certain types of corruption behavior of state civil servants. The issue of establishing various types of legal liability for corruption offenses in the public service system is being raised. It points to the problems of counteracting corruption in the Russian Federation. The lack of clear criteria for delineation and referring to this or that kind of corruption behavior aggravates the problem of disclosure of corruption offenses and the appointment of the appropriate type of punishment. A number of amendments to the legislation on combating corruption and on the state civil service are proposed and justified.
The author has analyzed scientific views about criminal process in literature and sees a need for new approach formation which exhaustive revealing an existence of the criminal process based on methodological judicial law doctrine and on the general positions of the formal logic which deal with concepts formulation. The author includes to the elements which form process existence, the process nature as a legal relationship. Its purpose is the fair punishment of persons really guilty in crimes. It goal is reaching the judicial truth as well as preventive and educational (cultural) tasks.