On the grounds for the seizure of property of third parties in criminal proceedings
Journal: BULLETIN OF UFA LAW INSTITUTE OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
Volume 2023 № 2
, 2023
Rubrics: CRIMINAL LAW SCIENCES
Authors:
1.
Orlovskiy yuridicheskiy institut MVD Rossii imeni V.V. Luk'yanova
Type:
Article
Pages:
from 97
to 99
Status:
Published
Received:
30.01.2023
Accepted:
30.03.2023
Published:
31.05.2024
Subject area:
VAC 5.1.4 Уголовно-правовые науки
UDK 343.1 Уголовное судопроизводство. Уголовно-процессуальное право
UDK 343.1 Уголовное судопроизводство. Уголовно-процессуальное право
Language:
Russian
Keywords:
seizure of property; grounds for seizure of property; other persons whose property may be subject to seizure; sufficient grounds; constitutional rights of citizens, body of evidence
Abstract (English):
In this article the author analyzes problematic aspects concerning the grounds for the seizure of property of persons specified in Part 3 of Article 115 of the Criminal Procedure Code of the Russian Federation, in view of the normative regulation, legal positions of the Constitutional Court of the Russian Federation, as well as investigative and judicial practice, available in our state. The points of view of procedure law scientists (processualists) concerning the stated problematics are considered. Proposals aimed at improving the interpretation of norms of criminal and procedural law, regulating the application of the considered measure of procedural coercion, are made. In part concerning the application of the seizure of property to persons specified in Part 3 of Article 115 of the Criminal Procedure Code of the Russian Federation the author singles out a number of conditions the totality of which is necessary for the application of the norms of Article 115 of the Criminal Procedure Code of the Russian Federation to the category of other persons. The author, relying on scientific literature, as well as available judicial practice, has specified the concept of “sufficient grounds” in relation to the category of other persons. Also, the article focuses on the purposes of application of the seizure of property in relation to other persons.
In this article the author analyzes problematic aspects concerning the grounds for the seizure of property of persons specified in Part 3 of Article 115 of the Criminal Procedure Code of the Russian Federation, in view of the normative regulation, legal positions of the Constitutional Court of the Russian Federation, as well as investigative and judicial practice, available in our state. The points of view of procedure law scientists (processualists) concerning the stated problematics are considered. Proposals aimed at improving the interpretation of norms of criminal and procedural law, regulating the application of the considered measure of procedural coercion, are made. In part concerning the application of the seizure of property to persons specified in Part 3 of Article 115 of the Criminal Procedure Code of the Russian Federation the author singles out a number of conditions the totality of which is necessary for the application of the norms of Article 115 of the Criminal Procedure Code of the Russian Federation to the category of other persons. The author, relying on scientific literature, as well as available judicial practice, has specified the concept of “sufficient grounds” in relation to the category of other persons. Also, the article focuses on the purposes of application of the seizure of property in relation to other persons.
Keywords:
seizure of property; grounds for seizure of property; other persons whose property may be subject to seizure; sufficient grounds; constitutional rights of citizens, body of evidence
seizure of property; grounds for seizure of property; other persons whose property may be subject to seizure; sufficient grounds; constitutional rights of citizens, body of evidence
1. Muryleva-Kazak V. V. Criminal origin of property of third parties as a basis for its arrest in criminal proceedings // Advocate practice. 2022. No. 3. (In Russ.)
2. Kiselev N. P. The problem of choosing the basis for the seizure of property transferred by the suspect (accused) in order to conceal it to another person // Military Law. 2022. № 2 (72). P. 212–216. (In Russ.)
