FORMATION OF THE INSTITUTION OF SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS
Journal Title: Порівняльно-аналітичне право - Year 2017, Vol 4, Issue
Abstract
The article deals with the study of the establishment of the institute of asset seizure of property in criminal proceedings. The author critically treated the statement that the institution under consideration appeared for the first time in the Charter Criminal Proceedings of 1864 and expresses an opinion of its origin and gradual improvement in the enlarged version of the “Russkaya Pravda”, the Code of Law of 1497 by Ivan III and 1550 by Ivan IV the Terrible, the Casimir’s Code of 1468 and Sobornoye Ulozheniye 1649. Carefully analyzing the Charter of Criminal Proceedings of 1864, the author identifies the main features of the institution of seizure of property, which was fixed detailed in the statute. The question of the terminology which is used in the article is also analyzed in historical aspect by the author. Also the author investigates the question of initiation of seizure of property, parties of making a decision of seizure of property are; parties whose property could be seized; the purposes of seizure, and other problematic issues which arose in the application of the rules of criminal procedural law.
Authors and Affiliations
О. С. , Котова
Keywords
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