The article examines the problematic aspects of the application of Part.1.1 of Article.108 of the Code of Criminal Procedure of the Russian Federation, as well as the problem of protecting the public interest of the state in the event of a crime being committed by a person who was not detained on time. Special attention is paid to the problem of the responsibility of the investigator who did not file a petition for the selection of this preventive measure before the court, or a prosecutor who did not support such a petition