Case-law of European Court of Human Rights on the Ensuring of Suspected, (Accused, Convicted) Person's Right to Property while Applying its Restrictions within the Framework of Criminal Proceedings
The article explores issues of protection of property rights in criminal proceedings in the context of Ukrainian legal regulation and analyses property rights protection standards in accordance with international human rights law. This paper provides an analysis of the case-law of the European Court of Human Rights and discovers the provisions of national law regarding possible restrictions on the property rights of participants in criminal proceedings. The case-law of the European Court of Human Rights (hereinafter - ECHR) on the implementation of the Convention on the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention) is the source of the law of Ukraine, envisaged by both the Constitution of Ukraine (Article 9) and the Law of Ukraine "On the enforcement of judgments and the application of the case-law of the European Court of Human Rights" (Article 17). However, despite the legally binding nature of the Convention's rules and the Court's rulings, Ukraine's jurisprudence remains closed to the practical application of rules beyond national law and doesn't regard the Convention's standards as fundamental safeguards for the protection of human rights in national practice of courts and law enforcement agencies. This concern is especially highlighted with persons prosecuted in criminal proceedings who act as suspected, accused or convicted persons. Such individuals, in addition to often prejudiced public condemnation, are constantly at risk of violating their fundamental human rights. Neither legislation nor jurisprudence guarantees complete and effective law protection to this category of participants in a criminal defense process due to their imperfection. Legislative loopholes and enforcement deficiencies create a wide range of opportunities for the arbitrariness of public authorities and their officials in dealing with suspects (accused, convicted). Both the general provisions of the Convention and the specific case-law of the Court on direct link between Art. 1 of Protocol 1 ...