Вісник Харківського національного університету імені В. Н. Каразіна Серія: «Право» (Jun 2023)
Procedural aspects of appeals against decisions on seizure of property at the stage of pre-trial investigation
Abstract
ANNOTATION: Introduction.The article is devoted to the coverage of one of the most complex and severe actions in criminal proceedings, namely, the theoretical and practical issues of imposing an arrest and the importance of the participants in this procedural action during its implementation, the current legislation regulating the imposition of an arrest is analyzed, certain corrections are proposed in the current Code of Criminal Procedure of Ukraine. The need for criminal procedural clarification of the subjects who have the right to participate during the consideration of criminal proceedings was emphasized, it was noted that the application of the proper legal procedure will contribute to the protection of human rights and freedoms in criminal proceedings Summary of the main results of the study. Proposed several ways to solve the procedural aspects of the seizure, as well as procedural opportunities for the property owner to challenge the procedural actions of the prosecution in criminal proceedings, as well as the possibility of presenting evidence to the prosecution by the property owner, in case of imposition of burdens by the prosecution. Conclusions. The current legislation, which regulates the seizure of property in criminal proceedings, as well as judicial practice based on the data on the seizure of a person's property, is analyzed, and ways of improving the current legislation of Ukraine regarding the ability of the owner of the seized property to exercise his rights provided for by the Constitution of Ukraine are proposed. during the pre-trial investigation.
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