SOME ISSUES OF ARRESTING SECURITIES IN CRIMINAL PROCEEDINGS

Abstract

The features of the seizure of securities in comparison with the general rules for the seizure of property in criminal proceedings are investigated. The purposes of arresting securities in criminal proceedings are analyzed. The question is raised about the reasons why the legislator separated securities from other property in relation to the possibility of arrest to ensure the execution of a sentence in part of a civil claim. The connection between the characteristic properties inherent only in securities, due to their economic and substantive nature, and the content of the criminal procedure prohibition, which is established by the court when seizing securities, is discussed. It is pointed out that it is necessary to develop criteria and limits for the establishment by the court in criminal proceedings of prohibitions on the exercise of rights on seized securities. The applicability of the general rules for the seizure of property in criminal proceedings in terms of the seizure and transfer of the seized property for custody to documentary and non-documentary securities is analyzed. The issue of developing criteria and other rules for making a decision on the seizure and transfer of seized securities for safekeeping, as well as a procedural mechanism for protecting the interests of participants in criminal proceedings from the loss of their value by seized securities, is being raised.