CATEGORY “PROPERTY” WITHIN THE LIMITS OF THE IMPLEMENTATION OF CRIMINAL PROCEDURAL LEGAL RELATIONS

Abstract

The article is devoted to the analysis of the concept of "property in criminal proceedings". It is noted that the term "property" in criminal procedural legal relations is used in various regulatory contexts, in particular as: physical evidence; object where (regarding which) procedural actions are carried out; the object to which the implementation of measures to ensure criminal proceedings is aimed; as a circumstance that is taken into account when choosing a measure to ensure criminal proceedings; qualifying sign, etc. The concept of "property" is one of the key concepts in jurisprudence, is widely used in legislation and is of essential importance for all branches of law, in particular, criminal procedure. The implementation of criminal procedural legal relations, where property can act as their subject, object, be a prerequisite for their occurrence, termination, etc., depends on the correct understanding of the essence of this term. Views on this category of domestic scientists are given, their diversity and lack of a unified understanding is noted. It is noted that the European Court of Human Rights considers it in a very broad aspect, due to its jurisdiction, which covers disputes arising in different countries with different legal systems. It is concluded that the absence of a single comprehensive view of the category of "property" as a basic concept for all branches of law in the national legislation, as well as the unequal subject of legal regulation of social relations, prompts the analysis and the need for a legal definition of the concept of "property in criminal proceedings" in the Criminal Procedure Code of Ukraine. by analogy with the terms "dwelling", "other property" (Article 233 of the Criminal Procedure Code of Ukraine). It is noted that: the category of "property in criminal proceedings" includes both legitimate and illegitimate expectations of a person of property, the rights to which he can exercise in the future; within the framework of criminal proceedings, the concept of "property" includes both property rights and property obligations of the subject.