Muzychenko T. Appeal of decisions of the investigating judge on the lawfulness of limitations of ownership rights of persons in pre-trial investigation

In this thesis, based on the achievements of the criminal justice and judicial system, civil, economic and other branches of law, international legal acts, practice of the European court of human rights, law of foreign countries, the study of court practice and statistics, carried out systematic analysis of the problems of appellate review of decisions of the investigating judge on the lawfulness of limitations of ownership rights of persons in pre-trial investigation. Justified a number of new theoretical positions and insights on the concept, objectives, functions, components, and procedural peculiarities of appeal of decisions of the investigating judge, which is limited by the right of ownership in the pre- trial investigation. This interpretation of the object and the subject of the appeal of decisions of the investigating judge. Disclosed procedure of applying the investigative judge of the measures of criminal procedural coercion related to restriction of property rights in pre-trial investigation. On the basis of the outlined main violations of the right of ownership of individuals and formulated theoretical provisions and practical recommendations aimed at improving national legislation. The article focuses on due process appeals against rulings of the investigating judge to the limitation of the rights of the person’s ownership. In the context of subject matter, were made proposals to improve the provisions of the CPC of Ukraine.