SEIZURE OF PROPERTY AND ITS APPLICATION IN CRIMINAL PROCEEDINGS: LEGAL ASPECTS AND PRACTICAL EXPERIENCE

Abstract

The article is devoted to the study of legal aspects and practical experience of the application of seizure of property in criminal proceedings. The legal framework, in particular the provisions of the Criminal Procedure Code of Ukraine, was analyzed in detail, and real examples of its use in practice were considered. Emphasis is placed on the grounds and procedure for the seizure, the importance of its validity and necessity, as well as the impact of this measure on the rights of third parties who may be the owners or possessors of the seized property. Problematic aspects regarding the provision of procedural and constitutional rights of participants in the criminal process were discussed, in particular in cases of restriction of property rights. It was highlighted that the following conditions are mandatory for the legal limitation of property rights: the adoption of a relevant decision by the court, the validity and motivation of such a decision, as well as the observance of a clear procedure for conducting procedural actions that limit property rights. It is indicated that even during martial law, these requirements remain unchanged, and their observance is mandatory regardless of the legal regime. The article also considers the cases in which seizure of property is considered appropriate: when the property was obtained by criminal means; there is a risk of its disappearance; it is evidence in a criminal case; or when the victim files a claim for damages. The conclusion of the study emphasizes that the seizure of property is an effective tool in combating crime and restoring the rights of victims, however, its application must strictly comply with the requirements of the Code of Criminal Procedure of Ukraine, other regulatory legal acts and not violate the rights of the participants in the process.