Ensuring the detection of property in the institute of property seizure

Anastasiia Bazhenova,Hanna Mudretska,Inna Rakipova,Anatolii Desyatnik

doi:10.34069/ai/2021.42.06.22

Abstract

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. On the basis of comparative legal analysis, the possibility of ensuring the detection of property using search and seizure within the Criminal Procedure Code of the past and modern Criminal Procedure Code of Ukraine and foreign countries was assessed. The rights of the victim under the Convention for the Protection of Human Rights and Fundamental Freedoms are analyzed in terms of his/her right to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law to decide his/her civil rights and obligations. The application of the criminal procedural legislation of Ukraine is analyzed taking into account the practice of the European Court of Human Rights on the protection of human rights in relation to the rights of individuals or legal entities to peacefully own their property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Scientific methods such as analysis, synthesis, formal-legal and comparative-legal method became the methodological basis of the research.

Highlights

The article is devoted to the study of certain issues of property detection in the institution of seizure of property
Tatarov (2013) in the first year of the Criminal Procedure Code raised the issue of seizure of temporary confiscated property, and drew attention to the need to provide in some cases the seizure of things and documents that are relevant to criminal proceedings, by decision of the investigator, agreed with the prosecutor (Tatarov, 2013)
Assessing the state of regulation by criminal procedural law of the possibility of ensuring the rights of the victim through the institution of search and seizure, it should be noted that the Criminal Procedure Code of Ukraine of 1960 (Law No 1001-05, 1960), provided more opportunities for the accused party to use search and seizure to establish, seize the valuables and property of the accused or suspect in order to secure a civil lawsuit

Summary

Introduction

The article is devoted to the study of certain issues of property detection in the institution of seizure of property. Emphasis is placed on the fact that the previous provisions do not in any way restrict the right of the state to enact such laws as it deems necessary to exercise control over the use of property in accordance with the general interest. Проаналізовано застосування кримінального процесуального законодавства України з урахуванням практики Європейського суду з прав людини про захист прав людини щодо прав фізичних або юридичних осіб мирно володіти своїм майном.

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