Financial and Payment Means as Property Objects in Criminal Proceedings

Abstract

The author researches the objects of the concept “means” in criminal proceedings. Issues of applying the measures of procedural coercion are analyzed. The author pays attention to the problematic issues of law enforcement regarding property objects while taking into consideration the specifics of their civil circulation, in particular, the seizure of property represented by cash and non-cash money, certified and uncertified securities. The author concludes that the distinctive features of certified and uncertified securities pose grounds for the application of different rules of seizure of property under Art. 115 of the Criminal Procedure Code of the Russian Federation. The author also analyzes objects of digital law and determines the possibility of using provisional measures against them in criminal proceedings. Seizure of electronic money is examined in detail. It is concluded that questions connected with the digital ruble could be resolved for the provisional and protective measures in criminal proceedings, but only if this currency is transferred from the digital form to the traditional form of a monetary unit. Finally, the author notes that the concept of “property” in criminal proceedings is in need of some constructive legal changes.