RETURN OF PROPERTY SEIZED DURING SEARCH

In order for the investigator, prosecutor to conduct a search, it is necessary first of all to receive the definition of the investigating judge, in which the property will be determined, the investigator is allowed to be removed during the search. The conduct of a search without the order of an investigating judge is permitted in exceptional cases connected with (1) saving people's lives (2) by rescuing property (3) by prosecuting persons suspected of committing a crime.

In the absence of the decision of the investigating judge to permit the seizure of a certain property, such property is considered temporarily removed. The investigator must apply to the court with a petition for the arrest of such property within 48 hours from the moment of its removal. Otherwise, such property should be returned to the person who was taken away.

Investigative judges often note in the decree the vague wording of the list of property, the permission to withdraw from which is provided by the decision of the investigating judge. Thus, in a court order it may be indicated that a permit for the removal of computer equipment containing information on a criminal offense has been granted, but the investigator takes away all the computer equipment available in the premises in which the search is conducted. Such computer equipment is considered to be temporarily withdrawn, and should be returned if the court has seized the seized property.

Depending on this, the investigator will apply to the court with a petition for the imposition of arrest on the temporarily seized property, several ways of protecting the property right to seized property can be considered.

In the event that the investigator has not filed an application to the investigating judge for 48 hours to arrest temporarily seized property, the inaction of the investigator may be appealed by filing a complaint in accordance with the procedure provided for in Article 303 of the Code of Criminal Procedure.

The complaint is filed with the investigating judge of the local court, within the territorial jurisdiction of which is the body of pre-trial investigation. Complaints filed in accordance with Article 303 of the Code of Civil Procedure are considered by the investigating judge within seventy two hours from the date of receipt of the complaint. Based on the results of the consideration of the complaint, provided that the decision on the search was not granted a removal order for such property, the court has the right to make a determination regarding the obligation of the investigator to return the temporary seized property.

If the investigator has applied to the court with an application for the seizure of the temporarily seized property, the court is obliged to review the petition not later than two days from the day of its receipt. An investigating judge may satisfy a petition for the seizure of temporarily seized property if he concludes: (1) the property has retained the traces of the crime and may be used as material evidence; (2) the property is subject to special confiscation; (3) property can be confiscated from a legal entity; (4) property is arrested for the purpose of civil claim, compensation for damage, specified by a criminal offense. It should be noted that only with the aim of preserving property as material evidence, the arrest may be imposed on the property of a person who does not have the status of a suspect, accused.

The court should refuse to comply with the petition of the investigator, if he concludes that there is no reason to arrest temporarily seized property. Thus, at the stage of considering the petition for arrest, it must be proved that there is no reason to believe that the property can be used as evidence.

In case of satisfaction of the petition of the investigator regarding the seizure of property, two ways of canceling the arrest should be considered, namely: the petition for the cancellation of arrest in the order of art. 174 CPC filed an appeal against the decision of the investigating judge to arrest temporarily seized property.

Application for the cancellation of property seizure, in accordance with Art. 174 of the Code of Civil Procedure, is submitted to the investigating judge of the local court, within the limits of whose territorial jurisdiction is the body of pre-trial investigation. The seizure of property can be canceled if it is proved that in the further application of this measure, the necessity or arrest was imposed unreasonably.

The appeal against the decision of the investigator to the court is filed directly to the court of appeals within five days from the moment of the announcement of the ruling. According to the results of the examination, the court of appeal is empowered to cancel the resolution on the seizure of property, if it concludes that there are no grounds for imposing it.

In case of refusal to satisfy the petition of the investigator, the prosecutor for the seizure of the temporarily seized property, by the order of the investigator of the court, the temporary seized property is returned to the person to whom it was seized, because of the requirements of Article 169 of the Code of Criminal Procedure

The investigating judge has the right to decide on the return of the investigator's request to arrest temporarily seized property. Part 3 of Article 175 of the Code of Criminal Procedure stipulates that in the event of such a decision, the investigating judge shall set a term in the seventieth two hours or, taking into account the opinion of the investigator, the prosecutor.

In the event that the investigating judge did not take decisions on the results of consideration of the application for seizure of property by train of seventy-two hours, the investigator shall return the temporary seized property in accordance with the requirements of Article 6, Article. 173 of the Code of Criminal Procedure. If the investigator does not observe the obligations to return the temporarily seized property, the inaction of the investigator is filed in accordance with the procedure provided for in Article 303 of the Code of Criminal Procedure.