Сутність й актуальні питання арешту майна в кримінальному провадженні на стадії досудового розслідування

Abstract

The purpose of the article is to study the essence and actual issues of property seizure in criminal proceedings at the stage of pre-trial investigation. Methodology. The paper uses general scientific and special-scientific methods of cognition, the concrete combination of which is determined by the purpose and objectives of the study. Using the formal-logical method has allowed to define, clarify and supplement the individual concepts of the category and thus to organize the conceptual-categorical apparatus. Methods of formal and logical logic were also used, in particular methods of analysis and synthesis, deduction and induction, analogies and generalizations, and others like that. The scientific novelty of the article is due to the fact that it is a study of the seizure of property in criminal proceedings at the stage of pre-trial investigation at the present stage of state-legal development with the allocation of a number of urgent problems in this area. Conclusions. Today, the seizure of property is one of the most common examples of limiting the property rights of individuals in the criminal process at the pre-trial stage. Further research in this area should be linked to the detailed elaboration of specific legal regulation issues in this area. As an example, this is a matter of ensuring the rights of third parties, the property of which the issue of arrest is being resolved. Problems arise in the case of securities seizure. The seizure of securities requires the creation of an effective mechanism for controlling their circulation. Another interesting issue is the possibility of arresting property that has funds in the form of so-called criminals, whose status as an object of civil-legal relations is not clearly defined today, not to mention the criminal procedural status of this phenomenon, etc. Keywords: property; arrest; criminal proceedings; pre-trial investigation; procedure; criminal process.