ЩОДО ПРОЦЕСУАЛЬНОГО СТАТУСУ МАЙНА, ВИЛУЧЕНОГО ЗА РЕЗУЛЬТАТАМИ ПРОВЕДЕННЯ ОБШУКУ

Abstract

Article 41 of the Constitution of Ukraine states that everyone has the right to own, use and dispose of their property, the results of their intellectual and creative activities. No one can be unlawfully deprived
of the right to property. The right to private property is inviolable. The relevant provisions of the Established Law are correlated with the fundamental provisions of the Criminal Procedure Code of Ukraine (hereinafter the Criminal Procedure Code of Ukraine), according to which the deprivation or restriction of the right to property during criminal proceedings is carried out only on the basis of a reasoned court decision adopted in the manner prescribed by this Code. On the grounds and in the manner provided by this Code, temporary seizure of property is allowed without a court decision (Article 16 of the Criminal Procedure Code of Ukraine). Therefore, the legislator focuses the attention of the law enforcer on strict compliance with the law in the procedure of restriction, deprivation of the right to property within the framework of criminal proceedings, in particular when obtaining permission to access a person's property, its seizure and inclusion in the materials of criminal proceedings.

Despite the detailed regulation of the procedure for access to a person's property during criminal proceedings, its seizure and inclusion in the materials of a pre-trial investigation, a number of issues of a theoretical and practical nature that require scientific understanding and resolution remain debatable. Their operational processing is very important, as it affects the implementation of the tasks of criminal proceedings.

The main goal of this work is the formulation of theoretical provisions regarding the procedural status of the property seized as a result of the search.

Based on the results of the research, it was concluded that the objects of the material world seized as a result of the search are property in the general sense of this legal category, and in criminal proceedings they have the status of "temporarily seized property". The prerequisite for applying to the investigating judge with a request for the seizure of property for the purpose of preserving physical evidence is to grant the corresponding property the status of physical evidence by issuing a corresponding resolution by the investigator, the prosecutor.