Baltic Journal of Economic Studies (Jan 2018)
GROUNDS FOR LIMITING PROPERTY RIGHTS IN THE APPLICATION OF TEMPORARY SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS
Abstract
The purpose of the paper is to investigate reasons for the restriction of property rights in the application of temporary seizure of property in criminal proceedings and to determine promising directions for further research on the issues. The issue of measures to ensure criminal proceedings and observance of human and civil rights and freedoms was investigated by a number of domestic scientists, but the degree of investigation of grounds for restricting property rights in the application of temporary seizure of property in criminal proceedings in the context of amendments made to the CPC of Ukraine in recent years remains insufficient. That is why the study of the grounds for limiting property rights in the application of temporary seizure of property in criminal proceedings is now of particular urgency. Methodology. Methodological basis of the research is a set of philosophical, general scientific, special scientific methods. The method of logical-semantic analysis is used to clarify the meaning of multi-valued concepts, the application of the method of system analysis allowed investigating the place of the institute of property rights in legal literature and legislation of Ukraine. The method of grouping and the system and structural approach are used for classifying the distribution, ascertaining the internal structure, and analysing the interconnections between elements of the concept of ownership and the category of property rights restriction. Results. The paper examines the factual and formal legal grounds for limiting the ownership of a suspect, accused, and other persons in the application of temporary seizure of property in a criminal proceeding. The conclusion is drawn on the need to clarify the factual grounds for the temporary seizure of property for cases where such a seizure is carried out by a person who has carried out legal detention in the manner prescribed by Articles 207, 208 of the CPC of Ukraine and is not an investigator, prosecutor, or other authorized official. Practical implications. Proposals regarding the resolution of individual legal conflicts in the current CPC of Ukraine are provided.
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