Constitutionalization of the Procedural Form of Settings on Property in Criminal Proceedings

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Abstract

Purpose of the study. The purpose of the study is to study the process of constitutionalization and its impact on the procedural form of seizure of property in criminal proceedings. The subject of the study is the development of this procedural form over more than 21 years, starting with the adoption of the Code of Criminal Procedure of the Russian Federation (2001). The author of the article draws attention to changes in legislation related to the development of the procedural form of seizure of property, as well as its connection with constitutional principles. The study shows that constitutionalization plays an important role in the development of the procedural form of seizure of property. It helps to establish legal order, limit power and protect the rights and freedoms of citizens. Constitutionalization also promotes stability and predictability in the legal system, which is important for creating a fair and equitable society.

Conclusions. The Constitutional Court of the Russian Federation plays a leading role in the process of constitutionalization, while the legislator's reaction is delayed, which negatively affects the regulation of procedural relations. The constitutionalization of the procedural form of seizure of property is based on the constitutional principle of the inviolability of property and other constitutional norms. This leads to a redistribution of powers from the investigative body to the court and ensures a balance between private and public interests. The criminal procedural form of seizure of property provides procedural guarantees of the material rights of owners and is a means of protecting these rights. In the future, it is necessary to develop a procedure for transforming criminal procedural arrest into interim measures in civil proceedings, when the need arises.

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About the authors

Larisa G. Tatyanina

Udmurt State University

Author for correspondence.
Email: larisa-lisa@mail.ru
SPIN-code: 1133-4375

Doctor of Law, Professor, Head of the Department of Criminal Trial and Law-Enforcement Activity

Russian Federation, Izhevsk

Rashid M. Khusnutdinov

Izhevsk Institute (branch) of the All-Russian State University of Justice

Email: rashid@list.ru
SPIN-code: 6221-1857

Senior Lecturer, Department of Criminal Law and Procedure

Russian Federation, Izhevsk

References

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