Анотація

The article deals with the rules of the Criminal Procedure Code of Ukraine, which determine the purpose, grounds and conditions of seizure of third parties property in criminal proceedings (this person should not be a bona fide purchaser of property; seizure of third parties property is possible in criminal proceedings carried out in relation to the commission of a intentional crime or socially-dangerous act that come within the definition of offense under the Special Part of the Criminal Code provide for the punishment of deprivation of liberty or a fine of three thousand tax-free minimum income of an individual, as well as under part one of the Article 150, the Article 154, parts two and three of the Article 159-1, part one of the Article 190, the Article 192, part one of the Articles 204, 209-1, 210, parts one and two of the Articles 212, 212-1, part one of the Articles 222, 229 , 239-1, 239-2, part two of the Article 244, part one of the Articles 248, 249, parts one and two of the Article 300, part one of the Articles 301, 302, 310, 311, 313, 318, 319, 362, the Articles 363, part one of the Article 363-1, 364-1, 365-2 of the Criminal Code (part one of the Article 96-1 of the Criminal Code); acquisition of property by a third party free of charge or at a higher or lower market value and its awareness that such property meets any of the signs mentioned in paragraphs 1‒4 of part one of the Article 96-2 of the Criminal Code; the above information about a third party should be established in the courts on the basis of sufficient evidence (paragraph 2 of part four of the Article 96-2 of the Criminal Code); according to part 5 of the Article 96-2 of the Criminal Code the special confiscation shall not apply to money, property and other assets mentioned in this article, which by law must be returned to the owner (rightful holder) or designed to damages caused by crime).

Keywords: seizure of property, third parties in criminal proceedings, special confiscation, bona fide purchaser of property, ways to protect property rights..