Smalyuk T. The third person whose property is being seized.

In the dissertation on the basis of the analysis of the criminal procedural legislation of Ukraine and practice of its application, scientific works of domestic and foreign scientists, generalization of empirical data the procedural status of the third person concerning whose property the question of arrest, its role in criminal proceedings, procedural regulation of the seizure of the property of such a person and ensuring his rights and legitimate interests. The essence of coercive measures in criminal proceedings, the basis for their application are revealed. The question of admissibility of restriction of the property right of the person at application of seizure of property is investigated. The normative peculiarities of seizing the property of a third person are analyzed, the purpose of such arrest, the basis and conditions of its application are singled out. Emphasis is placed on the issues of initiating, considering and resolving petitions for the seizure of third person property. Problematic issues related to the seizure of third person property have been investigated. The algorithm of actions of the investigator, prosecutor, investigating judge, court regarding the seizure of third person property is analyzed. The main procedural guarantees of observance of the rights and legitimate interests of a third person in respect of whose property the issue of arrest is being resolved have been determined. Emphasis is placed on the peculiarities of revoking the seizure of property and / or appealing the decision to seize the property of a third party. A number of scientifically substantiated proposals for improving the provisions of the CPC of Ukraine have been formulated.