THE PRINCIPLE OF INVIOLABILITY OF PROPERTY RIGHTS IN THE CRIMINAL AND EXECUTIVE LAW OF UKRAINE

Abstract

The article examines the essential characteristics of the principle of inviolability of property rights in the criminal law and executive law of Ukraine. An analysis of the norms of international law, as well as decisions of the European Court of Human Rights regarding the interpretation of the specified principle, was carried out. The position of the legislator during the determination of this principle within the framework of the Constitution of Ukraine is considered. Emphasis is placed on the identity of the concepts of inviolability and immunity in the context of the definition of the specified principle. Attention is focused on the fact that the inviolability of property rights is equally applicable to individuals and legal entities, as well as to the state in the context of refraining from any encroachment on the specified principle. Attention is focused on the fact that the definition of the inviolability of the right to property includes not only elements of deprivation of this right, but also elements of its limitations, etc. It is noted that despite the lack of consolidation of this principle within the framework of criminal and executive law, the relevance of this principle for the field of criminal and executive law is dictated both by the practical realities of serving sentences in places of deprivation of liberty, and by the provisions of separate legal acts forming the specified field. It is noted that the entire triad of property rights, i.e. the rights of possession, use and disposal, is implemented within the framework of criminal and executive law. It is emphasized that each of these elements is regulated in a normative and legal context with mandatory consideration of the principle of inviolability of property rights. Attention is focused on the fact that the inviolability of ownership of the right of ownership refers to seizures within the limits of criminal executive law during the implementation of the legal mechanism of confiscation of the property of convicts. Under these conditions, confiscation of property is characterized by the criterion of dispersion on a subjective basis, in the case of confiscation of joint property. In turn, the limitation of the inviolability of the rights to use and dispose of property can be traced in the defined criminal-executive mechanism of making monetary deductions from the incomes of convicted persons at the expense of making compensations according to executive documents.