About the Terms and Limits of Performing Arrest in the Property in the Criminal Proceedings

• Main Authors: E. Yu. Nikiforova, E. V. Mezhenina
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2020-06-01
• Series: Сибирское юридическое обозрение
• Subjects: the arrest of property; a reasonable period of legal proceedings; a procedural term; the suspension of criminal proceedings; restriction of property rights; a court decision; a court sentence
• Online Access: https://www.siberianlawreview.ru/jour/article/view/347

The article reveals the problem of determining the time and limits of application of such a measure of coercion as the seizure of property. The fact that this issue has been repeatedly considered by the Constitutional Court and the Plenum of the Supreme Court of the Russian Federation indicates its complexity and versatility. The issues of the correlation of reasonable and procedural terms for limiting the right of ownership, the admissibility of seizing property of persons who are not suspects, accused or financially responsible for their actions, the correlation in this case of the norms of criminal procedure and civil law, the meaning of decisions made in civil proceedings, ways to ensure the rights of persons – owners of seized property. The Authors proposed solutions to the identified problems, obtained both using theoretical conclusions and analysis of the current legislation, and based on research into practice, examples of which are given in the work.