Suretyship

Suretyship 

(1) In civil law, one of the methods of ensuring fulfillment of obligations. The surety, or guarantor, assumes an obligation to the creditor of some other person— the primary debtor— to be fully or partially responsible for the debtor’s fulfillment of the obligation. According to Soviet law, the surety agreement must be in written form. If the obligation is not performed, the debtor and surety are responsible to the creditor as joint debtors, unless the agreement provides otherwise. All rights of the creditor in connection with the obligation pass to a surety who has fulfilled the obligation in place of the debtor.

(2) In Soviet criminal procedure, a measure of restraint. The sureties or surety—at least two individuals or a public organization— bind themselves in writing to guarantee the proper conduct of a suspect or accused person and the appearance of the suspect or accused when summoned by an agent conducting an inquiry, an investigator, a procurator, or the court. The rules of suretyship are set forth in articles 94 and 95 of the Code of Criminal Procedure of the RSFSR.