Inter-branch characteristics of legal regulation of the imposition of arrest on property in criminal proceedings
The analysis of legal regulation of the imposition of arrest on property in criminal proceedings was carried out in order to identify the problems caused by a wide variety of inter-branch links of this measure of criminal-procedural coercion. Their establishment contributes to the development of proposals to improve the law, optimize the work of the investigator, interrogator and court, and improve the level of protection of property of individuals and legal entities. The authors pay attention to the concept of "property" used in Article 115 and Item 13.1 of Article 5 of the Penal Code of the Russian Federation. It is of an evaluative character and this fact leads to the need for the investigator, interrogator and the court to take into account numerous regulations governing property issues. This is especially evident when property is arrested. The decision to arrest is accompanied by the need for the investigator, the interrogator, to perform additional functions, which are not always combined with the investigation of criminal activity and the establishment of the circumstances provided for in Article 73 of the Penal Code of the Russian Federation. It is pointed out that this kind of parallel investigation of property matters is often reduced to civil legal relations. The author concludes that this creates the preconditions for the formation of a separate type of criminal proceedings that will involve the establishment of property to be arrested, its assessment and subsequent arrest, storage and disputes settlement. It is proposed to introduce independent security proceedings on the most complex economic relations arising in the case of the arrest of property. The used method of comparative and legal research, analysis of regulations, court practice, works of other authors, as well as the use of included observations enabled us to form various approaches to resolving the problems of security activities of the investigator, interrogator and the court in the decision to impose an arrest on the property. Attention is drawn to the position of the Constitutional Court of the Russian Federation, due to which part of the problem was removed. It is proposed to adapt the mechanism of storage of property used in Article 82 of the Penal Code of the Russian Federation, to the rules enshrined in Article 115 of the Penal Code of the Russian Federation. The authors conclude that it is appropriate to develop an independent legislative act regulating the powers and procedures of the relevant officials in the field of protection of property rights of the parties to a criminal trial when the above measure of coercion is applied to them. Taking into account that the circumstances connected with the storage of the arrested property do not constitute the part of evidence in the criminal case, the idea of transferring this function to the bailiffs' service is upheld.