Constitutionalization of the Procedural Form of Settings on Property in Criminal Proceedings
( Pp. 186-191)

Abstract: Purpose of the study. The purpose of the study is to study the process of constitutionalization and its impact on the procedural form of seizure of property in criminal proceedings. The subject of the study is the development of this procedural form over more than 21 years, starting with the adoption of the Code of Criminal Procedure of the Russian Federation (2001). The author of the article draws attention to changes in legislation related to the development of the procedural form of seizure of property, as well as its connection with constitutional principles. The study shows that constitutionalization plays an important role in the development of the procedural form of seizure of property. It helps to establish legal order, limit power and protect the rights and freedoms of citizens. Constitutionalization also promotes stability and predictability in the legal system, which is important for creating a fair and equitable society. Conclusions. The Constitutional Court of the Russian Federation plays a leading role in the process of constitutionalization, while the legislator's reaction is delayed, which negatively affects the regulation of procedural relations. The constitutionalization of the procedural form of seizure of property is based on the constitutional principle of the inviolability of property and other constitutional norms. This leads to a redistribution of powers from the investigative body to the court and ensures a balance between private and public interests. The criminal procedural form of seizure of property provides procedural guarantees of the material rights of owners and is a means of protecting these rights. In the future, it is necessary to develop a procedure for transforming criminal procedural arrest into interim measures in civil proceedings, when the need arises.

Tatyanina L.G., Khusnutdinov R.M. Constitutionalization of the Procedural Form of Settings on Property in Criminal Proceedings // Gaps in Russian Legislation. 2023. Vol. 16. №7. Pp. 186-191. (in Russ.). EDN: RNVAEQ

Cassation ruling of the Third Cassation Court of General Jurisdiction dated October 12, 2023 in case No. 77-2396/2023 [Electronic resource]: Access from the reference legal system “ConsultantPlus”.
Cassation ruling of the Moscow Regional Court dated February 14, 2012 N 22k-1231 [Electronic resource]: Access from the reference legal system “ConsultantPlus”.
Cassation ruling of the Volgograd Regional Court dated 08/03/2011 in case No. 33-10477/11 [Electronic resource]: Access from the reference legal system “ConsultantPlus”.
On amendments to Article 309 of the Criminal Procedure Code of the Russian Federation: Federal Law of June 13, 2023 No. 213-FZ // SZ RF. 2023. No. 25. Art. 4402.
On amendments to certain legislative acts of the Russian Federation: federal law of June 29, 2015 No. 190-FZ // SZ RF. 2015. No. 27. Art. 3981.
On amendments to the Criminal Procedure Code of the Russian Federation and the Federal Law “On the Prosecutor’s Office of the Russian Federation”: Federal Law of June 5, 2007 No. 87-FZ // SZ RF. 2007. No. 24. Art. 2830.
On amendments to certain legislative acts of the Russian Federation in connection with the adoption of the Federal Law “On the Ratification of the Council of Europe Convention on the Prevention of Terrorism” and the Federal Law “On Combating Terrorism”: Federal Law of July 27, 2006 No. 153-FZ // SZ RF . 2006. No. 31 (1 part). Art. 3452.
On bringing the Criminal Procedure Code of the Russian Federation and other legislative acts into compliance with the Federal Law “On Amendments and Additions to the Criminal Code of the Russian Federation”: Federal Law of December 8, 2003 No. 161-FZ // SZ RF. 2003. No. 50. Art. 4847.
Plotnikova, I. N. “Constitutionalization”: on the issue of the concept // News of Saratov University. New episode. Series: Economics. Control. Right. 2021. T. 21, issue. 2. pp. 188-197.
In the case of checking the constitutionality of part one of Article 73, part one of Article 299 and Article 307 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of citizen I.V. Yanmaeva: resolution of the Constitutional Court of the Russian Federation dated April 17, 2019 No. 18-P // SZ RF. 2019. No. 17. Art. 2189.
In the case of verifying the constitutionality of parts six and seven of Article 115 of the Criminal Procedure Code of the Russian Federation in connection with the complaint of the closed joint-stock company “Gloria”: Resolution of the Constitutional Court of the Russian Federation dated December 10, 2014 No. 31-P // SZ RF. 2014. No. 51. Art. 7528.
In the case of verifying the constitutionality of the provisions of parts three and nine of Article 115 of the Criminal Procedure Code of the Russian Federation in connection with complaints from the limited liability company “Aurora Low-Rise Construction” and citizens V.A. Shevchenko and M.P. Eidlena: Resolution of the Constitutional Court of the Russian Federation dated October 21, 2014 No. 25-P // SZ RF. 2014. No. 44. Art. 6128.
In the case of verifying the constitutionality of the provisions of parts one, three and nine of Article 115, paragraph 2 of part one of Article 208 of the Criminal Procedure Code of the Russian Federation and paragraph nine of paragraph 1 of Article 126 of the Federal Law “On Insolvency (Bankruptcy)” in connection with complaints of a closed joint stock company "Nedvizhimost-M", limited liability company "Solomatinskoe Grain Receiving Enterprise" and citizen L.I. Kostareva: Resolution of the Constitutional Court of the Russian Federation dated January 31, 2011 No. 1-P // SZ RF. 2011. No. 6. Art. 897.
Khusnutdinov, R. M. On the issue of the expiration of the arrest period imposed on securities and other property / R. M. Khusnutdinov // Current problems in the development of Russian legislation and the practice of its application: Collection of scientific articles based on the results of the All-Russian Scientific and Practical Conference with international participation, Izhevsk, November 15–16, 2022. – Izhevsk: Izhevsk Institute (branch) of the Federal State Budgetary Educational Institution of Higher Education “VSUYU (RPA of the Ministry of Justice of Russia)”, 2022. – P. 1422-1428. – EDN SJULFT.
KHusnutdinov, R. M. K voprosu ob istechenii sroka aresta, nalozhennogo na tsennye bumagi i drugoe imushchestvo / R. M. KHusnutdinov // Aktual nye problemy razvitiya rossiyskogo zakonodatel stva i praktika ego primeneniya : Sbornik nauchnykh statey po rezul tatam Vserossiyskoy nauchno-prakticheskoy konferentsii s mezhdunarodnym uchastiem, Izhevsk, 15 16 noyabrya 2022 goda. Izhevsk: Izhevskiy institut (filial) FGBOU VO VGUYU (RPA Minyusta Rossii) , 2022. S. 1422-1428. EDN SJULFT.

criminal proceedings, preliminary investigation, evidence, material evidence, security, seizure of property, bearer securities, public authenticity of securities, storage of material evidence..