ПРОБЛЕМНІ ПИТАННЯ АРЕШТУ МАЙНА ВИЛУЧЕНОГО ПІД ЧАС ОБШУКУ ТА ВИЗНАЧЕННЯ ЙОГО СТАТУСУ
PROBLEM ISSUES ON THE ARREST OF THE PROPERTY OF THE PROPERTY DETERMINED DURING THE SEARCH AND DETERMINING ITS STATUS
Author(s): Anatoliy Simchuk, Marina KulikSubject(s): Constitutional Law, Human Rights and Humanitarian Law, Commercial Law
Published by: Fundacja „Oświata i Nauka Bez Granic PRO FUTURO”
Keywords: search; temporary seizure of property; property seizure; measures for ensuring criminal proceedings; decision of the investigating judge; material evidence; petition for a search;
Summary/Abstract: Article 41 of the Constitution of Ukraine stipulates that no one can be unlawfully deprived of his / her property rights. According to Art. 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, no one may be deprived of his property except in the interests of society and under the conditions provided for by law and by the general principles of international law. These and other regulations justify the need for detailed regulation of the procedure for the use of property seizure as a measure of criminal proceedings. In this context, an important aspect of criminal proceedings is the search for a proper balance between private and public interests, the creation of preconditions for persons who own property to exercise their powers over their property and, at the same time, to achieve the objectives of criminal proceedings.
Journal: KELM (Knowledge, Education, Law, and Management)
- Issue Year: 26/2019
- Issue No: 2
- Page Range: 228-244
- Page Count: 17
- Language: English, Ukrainian