ELEMENTS OF THE CONVENTIONAL MECHANISM FOR THE PROTECTION OF PROPERTY RIGHTS IN CRIMINAL PROCEEDINGS

Abstract

This article discloses the terminological-conceptual apparatus and content of the conventional mechanism for the protection of a person's property rights in criminal proceedings based on the analysis of its key elements (substantive-legal and procedural-legal components). In connection with the rapid pace of development of international convention law, the national legislation of the member states of the Convention on the Protection of Rights and Fundamental Freedoms requires legal coordination, in particular in the field of protection of human rights and freedoms in criminal proceedings. Ukraine is no exception. Thus, at present, the Criminal Procedure Code of Ukraine includes several ways to protect the property rights of a person, which has been violated during criminal proceedings. Among them: the possibility of appealing the decisions, actions and inaction of investigative bodies to a higher-level prosecutor, a court, and non-procedural institutions and organizations, such as the Human Rights Commissioner of the Verkhovna Rada of Ukraine (Ombudsman). However, the ramifications and inconsistencies of the specified methods of protecting individual rights in criminal proceedings ultimately lead to a long, and sometimes unsuccessful, process of restoring violated convention rights. In addition, the lack of unity between the provided methods of protection of property rights disorients the participants in criminal proceedings, whose rights have been violated, because the exhaustiveness of the list of grounds for appeal at various stages of the criminal process leads to the impossibility of filing a complaint against those decisions, actions and inaction of investigative bodies that, although not provided for by the Code of Civil Procedure of Ukraine, however, they are illegal and currently grossly violate the conventional rights of such a person. In view of the above, the issue of determining the conventional mechanism for the protection of a person's property rights in criminal proceedings does not lose its relevance and requires further scientific development.