ABOUT NECESSITY OF IMPROVEMENT OF LEGAL REGULATION OF SEIZURE THE PROPERTY IN THE FORM OF SECURITIES AS OTHER MEASURES OF CRIMINAL-PROCEDURAL COERCION IN THE CRIMINAL PROCEDURE OF THE RUSSIAN FEDERATION
Journal: Synergy of Science (Vol.11, No. 1)Publication Date: 2017-05-31
Authors : Kashtanova N.S.;
Page : 0-0
Keywords : measure of procedural coercion; seizure of property; securities; territorial jurisdiction; a bona fide purchaser; the cost of securities litigation; opinions of scientists; improvement of legislation.;
Abstract
His article suggests about the imperfection of the legal regulation of measures of criminal procedural compulsion in the form of seizure of assets (securities). The first problem lies in the ambiguity of part 1 of article 116 of the criminal procedure code of the Russian Federation causing difficulties in determining territorial jurisdiction in the excitation before court of the petition for the application of seizure of securities. The second part of the survey aimed at finding out the characteristics of the seizure of securities bona fide purchaser. The third aspect of the publication was the suggestion of editing part 3. 116 of the criminal procedure code of the Russian Federation to specify in the Protocol of seizure of securities value of this type of property. The work is being understanding of judicial practice, analyses the existing views of scientists expressed the feasibility of changing the current criminal proceedings.
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