THEORETICAL-LEGAL AND PRACTICAL ISSUES OF IMPLEMENTATION OF THE CONVENTIONAL RIGHT OF OWNERSHIP DURING THE TEMPORARY SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS

Abstract

Guarantees of compliance with the convention rights of an individual are a priority of every state. However, taking into account that during social interaction there is always a clash of interests of a large number of subjects, the main task of the state in such a case is to create the necessary conditions for balancing them, in particular, in the context of establishing effective mechanisms for the application of legislative restrictions on human rights and freedoms during criminal proceedings. This article analyzes the need to comply with conventional guarantees of a person’s property right during criminal proceedings, in particular during the application of such a security measure as temporary seizure of property. Based on the interpretation of the norms, «temporary seizure of property» is a balanced mechanism of legal norms, which at the same time contribute to the implementation of an effective investigation through the prompt execution of the tasks of each criminal proceeding, and preserve the opportunity for the bona fide owner to protect his rights and by using other legal means to restore the situation that existed before the restriction of ownership of certain property. However, the mechanism of «temporary seizure of property» and its return is not fully regulated by the current Code of Criminal Procedure of Ukraine, which in practice leads to numerous abuses by pre-trial investigation bodies and, accordingly, gross and disproportionate restrictions on bona fide owners in the right to own their property. Such uncertainty of conditions violates the basic requirements of the principle of legal certainty. The only way to eliminate the above-mentioned gaps in the legislation is to make appropriate amendments and additions to the Code of Criminal Procedure of Ukraine, the content of which is proposed in this article.