ПРАВОВЫЕ ПОЗИЦИИ КОНСТИТУЦИОННОГО СУДА РФ О ЗАЩИТЕ ПРАВ СОБСТВЕННИКА ВЕЩЕСТВЕННЫХ ДОКАЗАТЕЛЬСТВ ПО УГОЛОВНЫМ ДЕЛАМ

An analysis of constitutional-legal position on the protection of the owner in criminal proceedings is intended to improve procedural forecasting procedures for detection, identifying, capturing, recognition, retention, and disposition of material (substantive) evidence in criminal cases. Fact finding objects, documents, property from persons who are not suspects or accused in the case, in which an arrest has been effected, i.e. a court decision, has been debated and legislator and Constitutional Court of the Russian Federation. System-logical method in evaluating the legal positions of Constitutional Court of the Russian Federation identified the most vulnerable ("space") legislative positions associated with this kind of evidence as material, through which can be committed, testify to the traces of the crime or to be the subject of a criminal assault