Review

On the issue of protection of the property rights of third parties, concerning the property of which the issue of arrest in criminal proceedings is being resolved.  The article analyzes the normative mechanism of protection of the property rights of third parties, concerning the property of which the issue of arrest in criminal proceedings is solved, and the practice of its application.  Attention is drawn to the innovations of legislation that require scientific reflection and interpretation.  The features of the methods of protecting this right at the stage of pre-trial investigation and after its completion are singled out.  In particular, issues related to the cancellation of property seizure, by filing a petition to an investigating judge (during a pre-trial investigation), a court (during the trial) (Article 174 of the CPC) are considered; appeal in an appeal court order of the investigating judge on the arrest of property (Clause 9 Part 1 Article 309, Article 310 of the CPC).  It is emphasized on the need to respect the rights and legitimate interests of third parties, regarding the property of which the issue of arrest in criminal proceedings is being resolved.  The legal positions of the Constitutional Court of Ukraine, the High Specialized Court of Ukraine for the consideration of civil and criminal cases, international legal documents and decisions of the European Court of Human Rights on specified issues are analyzed.  Other aspects of the protection of the property rights of third parties are investigated, regarding the property of which the issue of arrest in criminal proceedings is being resolved, by using the mechanism of appeal of procedural decisions in the course of the closure of criminal proceedings.  Based on the analysis of scientific positions, the provisions of the current legislation and judicial practice of its application, ways are offered for solving problems that arise during the implementation of mechanisms for the protection of the property rights of third parties, regarding the property of which the issue of arrest in criminal proceedings is being resolved. 

Keywords: arrest of property; third parties in criminal proceedings; ways of protecting property rights;  application for the cancellation of property seizure;  appeals against the order of the investigating judge on the arrest of property;  closure of criminal proceedings.