The limits of the states margin of appreciationwhen defining aims and meansof restriction on property rightwithin in terms of criminalprocedure relations

The subject under consideration is the limitations the Article 1 № 1 Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms imposes on the state's margin of appreciation in determination of legitimate aims justifying the restrictions of the right to property in the sphere of criminal procedure and corresponding measures. The author comes to the conclusion that a state рфы the maximum possible freedom in determination of social interests to be protected by imposition of different restrictions on the property right in criminal procedure as well as corresponding measures. At the same time, the European Court of Human Rights virtually substitutes the state in this process when the Government fails to identify clearly specific aims justifying the limitation of right to property and when the rational connection between the declared social interests and the measures imposed is ill-founded.

criminal procedure, right of property, margin of appreciation