«THIRD PARTIES» IN CRIMINAL PROCEEDINGS: ANALOGIES AND PROSPECTS

Abstract

The actual participants in criminal proceedings, deprived of their own legal status, are persons whose property rights are affected by criminal procedure decisions (on seizure of property, confiscation of property, recognition of property as material evidence). Purpose: to define intersectoral analogies of legal status for these persons; to find out the applicability as a model for borrowing the concept of a third party not declaring independent claims on the dispute subject – party to arbitration and civil proceedings. The determining method of the research is the method of comparative law. In addition, general and special methods (analysis and synthesis, logical, special-legal) are applied. Results: the article reveals a high degree of similarity in criminal procedure relations, the actual participants of which are persons whose property becomes the subject of authoritative decisions, with relations in arbitration and civil proceedings involving third parties.

Keywords

• criminal procedure
• judicial proceedings
• third parties
• protection of property interests
• procedural status
• person not declaring independent claims on the dispute subject