Correlation of public legal and private legal interests in the application of measures of criminal procedural coercion property character

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Introduction: The article deals with the issues of the correlation of public and private legal interests in the application of measures of criminal procedural coercion of a property nature. Certain aspects of intersectoral convergence, reflected in the legislation, are identified. Materials and methods: the normative legal basis of the study was the Constitution of the Russian Federation, the Code of Criminal Procedure of the Russian Federation, the Civil Code of the Russian Federation, other sources of legislation, decisions of the Constitutional and Supreme Courts of the Russian Federation regulating the grounds and procedure for the application of measures of criminal procedural coercion of a property nature. Monographic and other types of research conducted on the topic under development made it possible to form the doctrinal basis of the article. The methodological basis of the study consisted of such methods as analysis, synthesis, historicism, formal legal and comparative legal. The result of the study: allowed us to determine the conditions of the correlation of private and public legal interests in the application of collateral, seizure of property and monetary recovery and the degree of development of the legal convergence of the legal regulation of these coercive measures. Findings and Conclusions: the analyzed aspects allowed us to draw a conclusion about the correlation of private legal and public legal interests in the application of measures of criminal procedural coercion of a property nature, and formulate proposals for improving legislation.

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Pledge, seizure of property, monetary recovery, measures of property coercion, private legal interests, public legal interests, correlation, convergence

Короткий адрес: https://sciup.org/143178853

IDR: 143178853   |   DOI: 10.55001/2312-3184.2022.19.55.012

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