Процесуальний порядок арешту майна у кримінальному провадженні
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The monograph is aimed at in-depth study of theoretical and applied aspects of the seizure of property in criminal proceedings. The paper examines the historical origins and development of legislation that regulated the procedure of seizure of property in criminal proceedings; the legal nature of the seizure of property is established, its grounds, conditions, tasks, purpose, features are analyzed. Persons whose property may be seized are singled out, and defects in the normative regulation of the seizure of property belonging to them are identified.
The criteria for assessing the admissibility and legitimacy of the restriction of the right to own property during his arrest throughout the prism of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case law of the European Court of Human Rights are outlined and characterized. Based on the approaches of the ECtHR, the authors developed an algorithm for assessing the legality of the seizure of property by the investigating judge during the consideration of the request of the investigator and the prosecutor. Problems of legal regulation and law enforcement arising during the seizure of property in criminal proceedings and removal of seizure of property, as well as formulated scientifically sound proposals aimed at improving the legal regulation of the procedural order of seizure of property in criminal proceedings.
