Grounds for Limiting Property Rights in the Application of Temporary Seizure of Property in Criminal Proceedings
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Date
2018
Authors
Suprun, Tetiana
Yatsyk, Tetiana
Shkelebei,Victoria
Journal Title
Journal ISSN
Volume Title
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Abstract
The purpose of the paper is to investigate reasons for the restriction of property rights in the application
of temporary seizure of property in criminal proceedings and to determine promising directions for further research
on the issues. The issue of measures to ensure criminal proceedings and observance of human and civil rights
and freedoms was investigated by a number of domestic scientists, but the degree of investigation of grounds
for restricting property rights in the application of temporary seizure of property in criminal proceedings in the
context of amendments made to the CPC of Ukraine in recent years remains insufficient. That is why the study of
the grounds for limiting property rights in the application of temporary seizure of property in criminal proceedings
is now of particular urgency. Methodology. Methodological basis of the research is a set of philosophical, general
scientific, special scientific methods. The method of logical-semantic analysis is used to clarify the meaning of
multi-valued concepts, the application of the method of system analysis allowed investigating the place of the
institute of property rights in legal literature and legislation of Ukraine. The method of grouping and the system and
structural approach are used for classifying the distribution, ascertaining the internal structure, and analysing the
interconnections between elements of the concept of ownership and the category of property rights restriction.
Results. The paper examines the factual and formal legal grounds for limiting the ownership of a suspect, accused,
and other persons in the application of temporary seizure of property in a criminal proceeding. The conclusion is
drawn on the need to clarify the factual grounds for the temporary seizure of property for cases where such a seizure
is carried out by a person who has carried out legal detention in the manner prescribed by Articles 207, 208 of the
CPC of Ukraine and is not an investigator, prosecutor, or other authorized official. Practical implications. Proposals
regarding the resolution of individual legal conflicts in the current CPC of Ukraine are provided.
Description
Keywords
right of property, temporary seizure of property, restriction of individual rights, criminal proceedings, article
Citation
Suprun T. Grounds for Limiting Property Rights in the Application of Temporary Seizure of Property in Criminal Proceedings / Tetiana Suprun, Tetiana Yatsyk, Victoria Shkelebei // Baltic Journal of Economic Studies. - 2018. - Vol. 4, No. 1. - P. 328-333.