PROTECTION AND DEFENCE OF THE RIGHT TO PEACEFUL ENJOYMENT OF POSSESSIONS IN PRE-TRIAL INVESTIGATIONS: DOCTRINE AND CASE LAW

Abstract

Purpose. The purpose of the article is to identify the problematic issues of regulation of protection and defence of the right to peaceful enjoyment of possessions in the Criminal Procedure Code of Ukraine in pre-trial investigation in terms of case law and to formulate proposals for their solution at the level of law-making, law enforcement and interpretation. Methodology. The methodology includes a set of methods of scientific research: hermeneutical, dialectical, systemic and structural, logical and normative methods. Results: based on the results of the study, the authors identify the provisions of the criminal procedure legislation which reflect the conventional standards of the right to peaceful enjoyment of possessions; the authors identify the problematic provisions of the Criminal Procedure Code of Ukraine and the case law which do not correlate with the conventional guarantees of the right to peaceful enjoyment of possessions. The authors propose amendments and additions to Article 169 of the Criminal Procedure Code of Ukraine, paragraph 3 of Part 2 of Article 307 of the Criminal Procedure Code of Ukraine. Scientific novelty: the authors identify a list of procedural acts and decisions within which the right to peaceful enjoyment of property in criminal proceedings may be interfered with; substantiate the need to provide for a consistent legal regime of items and documents seized as a result of temporary access to items and documents in the Criminal Procedure Code of Ukraine; identify regulatory gaps regarding the return of temporarily seized property; identify problematic issues of National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes. Practical relevance: the results of the study can be used in law-making and law enforcement activities when applying measures to ensure criminal proceedings, and to ensure the activities of the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes.

Keywords

• pre-trial investigation
• convention for the protection of human rights and fundamental freedoms
• peaceful enjoyment of possessions
• echr case law
• measures to ensure criminal proceedings
• seizure of property
• property arrest
• national agency of ukraine for finding
• tracing and management of assets derived from corruption and other crimes