Review

The article is devoted to the analysis of issues of property attachment. In order to improve normative regulation of preliminary property attachment it is proposed to: create a possibility to enforce a property attachment upon investigator’s resolution approved by public prosecutor in criminal proceedings in respect of grave or especially grave crimes regardless of generic investigative jurisdiction in compliance with provided mechanism of subsequent court supervision of the property attachment; to define more precisely the mode of preliminary property attachment depending on its purpose, viz.: deprivation of rights of alienation, disposition and/or enjoyment of property – in case of ensuring physical evidence and deprivation of right of alienation and disposition of property – in case of ensuring of possible confiscation or special confiscation of property, along with compensation for damages caused by criminal offense (civil action) or recovery of improper benefits from legal entity. For assessing the presence of urgent circumstances to enforce a property attachment one should proceed on the fact that urgent circumstances take place in the presence of real and confirmed threat of operative concealment, damage, spoiling, obliteration, change, alienation of property that cannot be removed before taking a decision on property attachment in a general way. Besides, powers of operational units should be defined more precisely by supplementing Article 41 para. 1 of the Criminal Procedure Code of Ukraine with a provision to assign the conduct of detective actions to operational units. To ensure rights of property owners to object to arguments in a motion for attachment of property it is proposed to supplement Article 171, para. 1, of the Criminal Procedure Code of Ukraine with a provision: ‘a suspect, accused, other property owner or its defense counsel, legal representative, representative should be provided with a copy of a motion for attachment of property with supplements before the beginning of consideration of the motion except for cases of securing physical evidence.

In a case of filing a motion for the attachment property to ensure civil action by a civil plaintiff the obligation to provide a copy the motion with supplements no later than three hours before the beginning of consideration of the motion lies on an investigative judge, court’.

Keywords: attachment of property, investigative judge, court, search for property, motion.