Limitation and termination of ownership rights in criminal proceedings

The article discusses the features of termination of property rights and restrictions on property rights in criminal proceedings. The authors analyzed changes in legislation related to the issues under consideration. Particular attention is paid to the analysis of the main trends in the development of criminal procedural legislation, as well as the legal positions of the Constitutional Court of the Russian Federation related to the research issues. It has been revealed that in the sphere of criminal justice there are independent institutions for the termination and limitation of property rights. The study concluded that the decision to terminate property rights during criminal proceedings should not always depend on the wishes of the owner. The authors determined that resolving the issue of confiscation and retention of property in storage is among the discretionary powers of the official conducting criminal proceedings. In addition, the procedures for the seizure and storage of material evidence, as well as the seizure of property, have different legal regulations and purposes. It is stated that in the course of criminal proceedings, restriction of property rights is possible to achieve various goals, to establish circumstances to be proven, and to ensure property penalties. The authors indicate that the improvement of criminal procedural legislation regulating the termination of property rights before a court verdict should ensure effective protection of private law interests, as well as the resolution of a criminal case on the merits.