ACTUAL ISSUES OF TIME-TIME CANCELLATION APPLICATION AS A PROCESS OF PROVISION OF CRIMINAL PROCEEDINGS
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 4, Issue
Abstract
The article is devoted to a thorough investigation of the actual issues of the application of such a measure to ensure the criminal proceedings as a temporary withdrawal of property, as well as its features. The paper identifies the main problems that exist in the domestic criminal procedural law when applying the relevant normative provisions of the current Criminal Procedural Code of Ukraine, as well as ways of overcoming them. The article focuses on the fact that during the implementation of legal regulations regulating the use of such an event as a temporary withdrawal of property, it is necessary to specify in detail the legal status of persons – owners of temporarily seized property. The conclusion is made that the specified procedural status should be fixed in a separate article of the CPC. The article analyzes the grounds provided by law and the procedure for the application of temporarily seized property. It is proposed to determine the expediency of establishing in the law a list of specific procedural actions, during which some property may acquire a status temporarily withdrawn. It is emphasized that the legal regime of the relevant property is defined as “temporarily seized property” only in cases where such property was obtained as a result of apprehension, search and review. Provided scientifically substantiated proposals and recommendations for improving the procedure for the application of this measure to ensure criminal proceedings during the pre-trial investigation. The detailed description of the terms, during which it is necessary to send to the investigating judge a petition for the seizure of temporarily seized property, taking into account the existing law enforcement practice. It is recommended to resolve the decision of the investigating judge, the court on the return of the petition of the investigator, the prosecutor for the seizure of the seized property, if it does not meet the requirements specified by law. The reasons and features of the order of return of the temporarily seized property to a person are carefully investigated.
Authors and Affiliations
С. В. , Давиденко
Keywords
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