Thanks to the assistance of the Business Ombudsman, the measure of restraint was changed for the entrepreneur.
An entrepreneur from the Moscow Region turned for help to the Commissioner for the Protection of the Rights of Entrepreneurs in the Moscow Region Vladimir Golovnev.
A criminal case was opened against the businessman, the reason for the initiation of which was the conduct of economic activities by his company, in the absence of a license provided for by law, for the operation of hazardous production facilities. As a result, the city court has chosen a preventive measure in the form of house arrest for the entrepreneur.
As the applicant indicated in his appeal, the investigation of the criminal case was conducted with an accusatory bias, and the defense petitions were unmotivated ignored and considered formally.
Having considered the arguments of the entrepreneur and the provisions of the legislation, the Commissioner sent a letter to the prosecutor of the Moscow Region with a request to check compliance with the rule of law during the investigation, as well as the validity of the election of a preventive measure in the form of house arrest.
Following the results of the inspection carried out by the Prosecutor's Office of the Moscow Region, in connection with the violation of the requirements of the criminal procedural legislation, including the identified procrastination, the head of the city Department of Internal Affairs submitted a prosecutor's warrant. The preventive measure chosen by the entrepreneur in the form of house arrest was changed by the court to prohibit certain actions.