SECURITIES IN CRIMINAL LEGAL PROCEEDINGS AND OTHER PROCEEDING INDUSTRY: GENERAL VECTOR OF LEGAL REGULATION

Abstract

The basic principles of the legal regulation of securities have been studied. The dialectical connection of the social significance of securities and the economic functions they perform with the legal regulation of securities has been revealed. The idea of special protection by the state of the rights of owners of securities is disclosed. Foreign and historical experience, the influence of this experience on the adoption of the most important Russian legislative acts in the field of issuance and circulation of securities are considered. The content of special norms of criminal, civil and arbitration proceedings affecting the sphere of issuance and circulation of securities is analyzed. The conclusion about the insufficient perception of the idea of special protection of the rights of securities holders in the course of actions and decision-making in criminal proceedings is substantiated. Based on the analysis of judicial practice, certain problems of the application of the criminal procedure law in the field of issuance and circulation of securities are formulated: contradictory judicial practice regarding the admissibility of a prohibition in criminal proceedings for the owner of securities to vote with securities belonging to him, ignoring by the courts the value of securities that are seized, the absence in criminal proceedings of a procedure for replacing seized securities, which may violate the rights of participants in corporate relations and other persons.