Review

Ensuring the right to inviolability of a person's home or other possession, which is provided for in Article 30 of the Constitution of Ukraine and Article 13 of the Criminal Procedure Code of Ukraine, in criminal proceedings is of particular importance, since it is during the performance of this activity that human rights can be significantly limited, and sometimes, as practice shows, violated.

The purpose of this article is to study the main current problems related to the legal regulation of the search of housing or other ownership of a person, as well as the enforcement of the right to inviolability of the home or other ownership of a person.

The study of national practice shows the existence of such problems of law enforcement in limiting the right to inviolability of housing or other tenure: conducting a search by an unauthorized official and involving as a pontoon a person who took part as a person held in previous investigative actions; ordering the execution of the order of the investigating judge to grant permission for the search of a dwelling or other possession of a person to the officers of the operational units; conducting a search in the form of an inspection of the scene of the incident; violation of the procedure for the registration of seized items during the search; impossibility of appealing the decision of the investigating judge to grant a search permit during pre-trial investigation and others.

In addition, the ECHR finds the following violations of Article 8 of the European Convention on Human Rights when considering statements concerning Ukraine: The vagueness and excessive generality of the wording in the decisions on the permission to search; the failure to report to the person who has been searched has resulted in damage to his property during the entry into the dwelling, as well as not establishing the boundaries of the search; the inability to appeal the search order and the procedures for its conduct directly; and the lack of judicial control.

Key words: criminal proceedings, the right to inviolability of a person's home or other property, search, appeal of a search.