In civil law, to ensure the fulfillment of obligations by a party to the contract, various measures are provided. One of them is a pledge. It represents property or another object of civil law, except money. One of types of collateral is a mortgage. 
Brief description of collateral
The pledge is considered an additional (accessory) obligation in relation to the original (main). Property (another object) is owned by the mortgagor.
The invalidity of the main obligation entails the invalidity of the pledge, the assignment (assignment of rights) under the original contract entails the assignment of the security obligation, etc. The accessory nature of the latter is manifested in this.
Mortgage
This term is used when mortgage of land or other real estate. The essence of such security is that the debtor uses and owns the mortgaged property, but in case of failure to fulfill the obligation assumed, the creditor can satisfy his claims by selling this property.
It is necessary to distinguish mortgage from mortgage lending. In the latter case, the person receives a loan secured by real estate. In the case of a mortgage, the entity is given funds to purchase an object that is pledged by a banking organization as a guarantee of repayment. Usually, secured by real estate Large amounts are issued.
A mortgage is also called a pledge of an existing facility for obtaining a target loan. For example, a person draws up pledge of land, which is going to build a house. Funds can also be used to repair an existing facility.
Pledge as a preventive measure in criminal proceedings
The essence of the security within the process is that the suspect / accused agrees to behave appropriately under pain of losing certain values transferred as a guarantee.
Stipulated in CPC pledge considered one of the most stringent psychological-coercive measures. The risk of loss of property is a real guarantee of the appearance of the person on call. In this regard, bail is often used instead of detention. 
Features of the application of collateral are regulated Art. 106 Code of Criminal Procedure. Consider the main provisions of the norm.
Essence of measure
Pledge as a preventive measure consists in the transfer by the accused / suspect, another citizen or organization to the body conducting the proceedings of movable or immovable objects. It can be money, other values, bonds, shares, admitted to circulation in the Russian Federation.
The transfer of property is carried out on preliminary investigation stages. Interim measure can be implemented in the framework of judicial proceedings. In this case, the values are transferred to the court.
Pledge as a preventive measure ensures the appearance of the person to the investigator, to the court, to the interrogating officer. Under pain of loss of property, a person refrains from committing other illegal actions.
Petition
Pledge as a preventive measure can be applied by a judicial decision in the manner prescribed by Article 108 of the Code of Criminal Procedure, taking into account the provisions of 106 of the Code.
Both the accused / suspect and another citizen or organization may file a petition with the court. A request is made to apply the measure to the authority at the place of investigation. Moreover, the law obliges the court to consider this petition. 
Size and type of collateral
They are determined in accordance with the nature of the crime, taking into account information about the identity of the perpetrator, as well as his property status.The law, however, provides for minimum limits.
So, in cases of acts of moderate / minor severity, the amount of security is at least 50 thousand rubles, for serious / especially serious - at least 500 thousand rubles. The specified limits apply regardless of when the measure was appointed - in court proceedings or at the preliminary investigation stage.
As collateral, property that is not subject to foreclosure, according to the Civil Code, can be accepted. Such items, for example, include clothing, shoes, food, etc.
The rules for evaluating, maintaining the subject of security, its management and storage are established by the government.
Nuances
Real estate, stocks, bonds and other values allowed for circulation in the Russian Federation may be accepted as security if the originals of documents proving the ownership of the suspect / accused are presented. In this case, there should be no encumbrance / restriction of rights to such objects.
In some cases, encumbrances are not subject to state registration or accounting. In such situations, the mortgagor must confirm in writing the accuracy of the information about the absence of restrictions on rights.
Legislation
If the subject of collateral is money, the interested person deposits it into the deposit account of the court or structure in which the case is being processed. After accepting the pledge, a protocol is drawn up. A copy of it must be delivered to the mortgagor. 
When providing security not to the suspect / accused, but to another person, the essence of the suspicion, as well as the obligations and consequences of their non-fulfillment, should be explained to him.
Decision / Decision on Application collateral as a preventive measure the term for the transfer of property is established. In case of detention of the suspect / accused, the period of detention may be extended until the deposit is paid, but not more than 3 days.
If the property was not transferred on time, the court, on the basis of a motion filed in accordance with Article 108 of the Code of Criminal Procedure, decides on the choice of a different measure with respect to a citizen.
If the person has not fulfilled the obligations arising after the pledge has been paid, the property is subject to appeal in favor of the state. About this, in accordance with Article 118 of the Code of Criminal Procedure, a court decision is made.
In other cases, the court, when pronouncing the verdict, decision / decision to dismiss the case, decides on the return of the pledge.
In case of termination of the proceedings by the inquiry officer / investigator, the property shall be returned to the mortgagor. An appropriate decision is made on this.
Explanations
Property relations when choosing a preventive measure in the form of a pledge are regulated by the CPC taking into account the provisions of the Civil Code.
In determining the specific amount of security in practice, authorized persons are guided by the general provisions on preventive measures.
It should be borne in mind that the size of the pledge will not depend on the harm done or the price of the civil lawsuit filed in the criminal proceedings, but on the alleged punishment. The security will be effective, for example, when the perpetrator of the crime faces a monetary penalty, and the amount of the collateral is comparable to its size. According to this rule, in particular, the amount of security under the Charter of criminal proceedings of 1864 was determined. 
Given the presumption of innocence, the amount of bail can be brought into line with the size of the minimum fine. It seems unacceptable to establish the amount of security in an amount greater than the amount of the fine as the presumed penalty. As indicated in article 46 of the Code of Criminal Procedure, the amount of recovery should be in the range of 25-1000 minimum wages or be a person’s income for a period of two weeks to one year.
Punishment of minors
If a person has not reached the age of 18, a preventive measure in the form of a pledge may be chosen only if he has an independent source of income.This can be either earnings, or property, on which the law allows foreclosure.
The size of the pledge must be at least 10 and no more than 500 minimum wages or equal to the income received for the period from 14 days to six months.
Third Party Collateral
As a special condition for the assignment of pledge under the CPC, an application from an interested person acts. It can be not only the accused / suspect, but also any other third-party entity. 
If the pledge will be paid by a third party, then the consent of the accused / suspect is necessary to apply the measure. This is due to the fact that it will be he who will commit to good behavior. The effectiveness of the measure is limited by the civil or moral debt of the accused / suspect to the mortgagor (third party).
A third party contributor must have a positive reputation and be trustworthy. Otherwise, the pledger may be the head of the criminal organization or an accomplice.
Consent of the prosecutor
It is necessary if the deposit is used by the investigator / interrogator. The prosecutor must give consent when accepting the materials of the case for production, approval of the conclusion (act) of the prosecution. Only after this, the accused / suspect is presented with a decree on the appointment of bail.
If the investigator / interrogator chooses the measure according to the written order of the prosecutor, then it is not required to obtain the consent of the latter additionally.
Court application
At the judicial stages of proceedings, a pledge is selected before the sentence comes into force. A decision (determination) is issued on the application of the measure.
The rules of execution are regulated in the Instruction for clerical work in the district courts, approved by order of the head of the Judicial Department No. 36 of April 29. 2003 year 
The secretary, on behalf of the judge, draws up a protocol on the acceptance of security. Paperwork is carried out jointly with the head of the office department with the participation of the mortgagor. The protocol shall be attached to the case file, and a copy thereof shall be transferred to the mortgagor.
Additionally
In case of improper behavior of the suspect / accused, in addition to the pledged values being turned in favor of the state, a stricter preventive measure may be applied to the person. The circulation of property is formalized by a court decision.
In other cases, upon the expiration of the period for applying the measure, the pledge shall be returned to the pledgor. If the security was provided by the accused, civil defendant or suspect for the amount of the pledge (part of it), an arrest may be imposed according to the rules established by Article 115 of the Code of Criminal Procedure.