INDIVIDUAL APPROACHES TO OPTIMIZING THE PROCEDURE OF PROPERTY ARREST IN CRIMINAL PROCEEDINGS OF UKRAINE

Abstract

The article is devoted to the study of certain issues of optimizing the procedure for seizing property in criminal proceedings of Ukraine in terms of authorizing the investigator, prosecutor to seize property in the active role of the investigating judge to verify the legality and validity of the seizure. Despite the changes in the criminal procedure legislation, the very concept of the mechanism of seizure of property remains inert, which does not provide an opportunity to seize property in a short time to prevent its concealment, damage, damage, destruction, transformation, alienation. The current CPC does not allow the investigator, the prosecutor to seize property in case of urgent need, although such powers are available to the CPC of other countries, including those that are members of the European Union. It is proposed to formulate in the CPC of Ukraine provisions according to which during criminal proceedings the seizure of property is imposed by the decision of the investigator in agreement with the prosecutor, the prosecutor approved by the investigating judge, and during the trial the court makes a decision. It is proposed that in case of a clear criminal offense or in urgent cases, when due to delay the property can be hidden, damaged, damaged, destroyed, transformed, alienated, the investigator, the prosecutor makes a reasoned decision to seize the property. The decision is made in accordance with the requirements of Art. 110 of this Code, with the justification of the necessity and urgency of seizing the property without the approval of the investigating judge and agrees with the prosecutor. In order to exercise judicial control, the prosecutor shall notify the investigating judge of the imposed seizure of the investigator’s property no later than the next working day, presenting a report and other materials substantiating the necessity and urgency of the seizure. If the investigating judge does not approve the decision of the investigator, the prosecutor, when declaring the arrest illegal or unfounded, the investigating judge shall make a court decision to lift the arrest of all or part of the property.