Transfer of the vehicle to the owner for safekeeping in criminal proceedings: criminal procedural aspect

Abstract

An important role in the process of compliance with the conventional guarantees of the protection of property rights in criminal proceedings is played by the clear regulation of the norms of criminal procedural legislation in terms of the application of restrictive measures and mechanisms by pre­trial investigation bodies. In particular, this article is about the need for a legislative definition of the procedure (procedure, grounds and term) of transferring property (such as vehicles) to the owner for safekeeping in order to preserve the object's safety during criminal proceedings. Current judicial practice shows that the uncertainty of the norms of the Criminal Procedure Code of Ukraine regarding the possibility of transferring the vehicle to the owner for safekeeping as part of criminal proceedings leads to an unjustified restriction of the owner's rights to peacefully own, use and dispose of his property. As a result, the safekeeping of seized or seized property, which is in improper storage in pre-trial investigation bodies or other specialized institutions, is subject to deterioration, which leads to a significant decrease in its cost price, and therefore constitutes an unlawful interference with the property owner's right to property. In this regard, the author of the article proposes to make changes to the Criminal Procedure Code of Ukraine in the part of determining which entity (investigator or judge) transfers such property to the owner, who should initiate the procedure for transferring the property to responsible storage (the owner of such property or the investigator who carries out pre-trial investigation), establish the period during which such property must be transferred to the owner, as well as provide for proper storage conditions for vehicles at open-type sites.