International Standards and Experience of Foreign Countries regarding the Seizure of Property in Criminal Proceedings
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Дата
2018
Назва журналу
Номер ISSN
Назва тому
Видавець
Centre for European Reforms Studies: Grand Duchy of Luxembourg
Анотація
The main purpose of the article was to analyze the criminal procedural laws of different countries in the field of property seizure during the investigation of criminal offenses. Considerable attention was paid to the means and forms of property seizure, the procedure for sanctioning such actions and the procedure for conducting. Attention was also drawn to the procedural status of seized property in different countries of the world. In the course of the research, the author tried to, for the sake of completeness of the analysis, to select countries not only near and far abroad, but also representatives of different legal systems Great Britain, the Russian Federation, Republic of Moldova, the Swiss Confederation, the USA, the Republic of Belarus and others. During the work, not only regulatory sources of law were analyzed, but also scientific studies of lawyers from different countries.
The results of the study confirmed the world tendencies of convergence of the content and forms of many normative provisions of criminal procedural law and their harmonization in different countries, including the countries of the European Union. In addition to identifying global trends, the peculiarities of legislation of different countries in the aspect of property sequestration, which are sometimes quite significant, were analyzed.
In the analysis of the criminal procedural legislation of different countries, according to the author, the progressive norms and ways of development of the institution of property sequestration were determined, and the possibility of their introduction in the national legislation. This implies such a form of property seizure as "obtaining property", which takes place in the legislation of Kazakhstan and Lithuania. The author believes that this is a rather promising direction of development of the institute of seizure in general. It is aimed at establishing interaction between law enforcement agencies and society. This allows for the realization of the rights of a socially active civil society representative who is not a party to the criminal process, but who owns objects of importance to the investigation. It is also an impetus for the development of a society of justice and awareness of the duty of help in the fight against crime.
Опис
Ключові слова
property seizure, search, seizure, review, national legislation., вилучення майна, обшук, вилучення, огляд, національне законодавство.
Бібліографічний опис
Lisnichenko D. International Standards and Experience of Foreign Countries regarding the Seizure of Property in Criminal Proceedings. European Reforms Bulletin: international scientific peer-reviewed journal: Grand Duchy of Luxembourg. 2018. № 1. P. 40 - 48.