Review

The article investigates legal backgrounds of the protection of property rights in the seized property in criminal proceedings. The author argues that on practice often meets the cases of different interpretation of common legal rules for the imposition of arrest on property which creates different application of the Criminal Procedure Code of Ukraine. Special attention is paid to guarantees of protection of property rights in case of the imposition of arrest on property in criminal proceedings according to new amendments of the Criminal Procedure Code which were adopted by the Parliament of Ukraine.

The author stresses that the government determines and guarantees the inviolability of property rights in the criminal process but sometimes. Moreover, in the article is underlined that despite the constant amendments to the provisions of the Criminal Procedure Code of Ukraine, statistical information indicates that up to now there are procedural defects of legal definition and understanding seizure procedures, which in practice makes it difficult to use and full regulatory support and guaranteeing property rights.

Also, the author gives the examples of different application of procedural rules on practice and argues that the new procedure seizure, new mechanisms and guarantees protection of property rights will reduce the number of cases of different interpretation of the same provisions of the CPC of Ukraine and biased approach to the proceedings in the presence of the same reasons and circumstances of the dispute. It is noted that a new procedure for seizure of property, new safeguards and mechanisms to protect property rights will reduce the number of cases of different interpretation of the same provisions of the CPC of Ukraine and biased approach to the proceedings if the same circumstances and grounds of appeal.

Keywords: warranty, seizure of property, protection of property, criminal proceedings, inviolability of ownership.