GROUNDS OF IMPLEMENTATION OF MEASURES FINDING AND TRACING PROPERTY THAT MAY BE ARRESTED

Abstract

The article is devoted to the establishing the grounds of implementation by the investigator and prosecutor of measures finding and tracing property that may be arrested. The article provides a detailed analysis of the legislation and scientific literature on the definition of the terms «finding property» and «tracing property», their correlation. This suggests that the finding and tracing of assets have the same purpose, but these terms must be distinguished, because the finding should be understood as the establishment of the existence of property that may be seized, and the tracing – the establishment of the location of assets for seizure, so and already seized assets. The opinion is formulated that the grounds of implementation of measures of measures finding and tracing property that may be arrested, directly precede the grounds for arrest of property, defined in Part 2 of Article 170 of the Criminal Procedure Code of Ukraine. It is determined and concluded that the grounds of implementation by the investigator and prosecutor of measures finding and tracing property that may be arrested, is a pretrial investigation from the entry of information about the criminal offense in the Unified Register of pre-trial investigations until its completion and the existence facts of possible arrest of property in order to ensure the storage of material evidence, special confiscation, confiscation of property as a type of punishment or criminal measure against a legal entity and compensation for damage caused by a criminal offense (civil lawsuit), or recovery from the legal entity of illegal benefits.