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Emergency consultation, detentions of TCC and SP, military commissariats, TCC lawyer, TCC lawyer, TCC and SP lawyer, TCC lawyer, TCC and SP
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2. Rights and obligations of citizens during martial law.

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The draft law on amendments to Article 26 of the Law of Ukraine "On Military Duty and Military Service" regarding the dismissal of students, trainee assistants and graduate students can change the situation.

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Адвокат по УГОЛОВНЫМ делам / LAWYER PRACTICE / Articles

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THE RETURN OF THE SEIZED PROPERTY

Material evidence which was provided to the side of a criminal proceeding or seized it must be as soon as possible returned to the owner, except as permitted by applicable law.
The material evidence or document provided voluntarily or by court decisions, is kept by the parties of criminal proceedings, which he provided. Side of the criminal proceedings, which provided the material evidence or document that is required to keep them in condition suitable for use in criminal proceedings. Evidence obtained or seized by the investigator, Prosecutor, inspected, photographed and described in detail in the inspection report. Storage of material evidence by the prosecution is carried out in the order determined by the Cabinet of Ministers of Ukraine.
The document must be stored in the entire duration of criminal proceedings. Upon application of the owner of the document, the investigator, the Prosecutor, the court can issue copies of this document, if necessary - it original, instead of turning them in criminal proceedings certified copy.
In case of loss or destruction of a party to criminal proceedings provided her the evidence she required to return to the owner the same thing or to compensate its value. In case of loss or destruction of a party to criminal proceedings document provided to her, she is obliged to reimburse the owner for costs associated with the loss or destruction of the document and production of the duplicate.
Material evidence and documents submitted to the court shall be kept in court, except in the cases provided for in part six of this article, as well as material evidence in the form of bulky or other items that require special storage conditions, which can be in the other storage location.
Evidence that does not contain traces of a criminal offence, in the form of objects, large quantities of goods to be stored because of the bulkiness or for other reasons is impossible without undue hardship or costs of providing special storage conditions which commensurate with their cost, as well as material evidence in the form of goods or products subject to rapid deterioration:
1) return to owner (legal owner) or handed over to him for safekeeping, if possible, without prejudice to criminal proceedings;
2) passed the written consent of the owner, and in case of her absence - by the decision of the investigating judge of the court to implement, if possible, without prejudice to criminal proceedings;
3) are destroyed upon the written consent of the owner, and in case of her absence - by the decision of the investigating judge, the court, if such goods or products are subject to rapid deterioration, have the condition;
4) are transmitted to their technological processing or destroyed by the decision of the investigating judge, the court, if they are removed from circulation of objects or goods, and if long-term storage is dangerous to the life or health of people or the environment.

The question of special confiscation and destiny of material evidences and documents that were provided to the court, is decided by the court when making a judicial decision that ends a criminal proceeding.

Such evidence and documents shall be kept until the decision's entry into force. In case of termination of criminal proceedings by the investigator or the Prosecutor of the special issue of confiscation and destiny of material evidences and documents decided by the court on the basis of the relevant application. Thus:
1) money, valuables and other property, supervised, constructed, adapted or used as means or instruments of committing a criminal offence and/or has preserved its traces, be confiscated, unless the proprietor (legal owner) did not know and could not know about their illegal use. In this case, the specified money, valuables and other property returned to the owner (rightful owner);
2) money, valuables and other property that was intended (used) for inducing a person to commit a criminal offence, financing and/or material support of a criminal offense or rewards for its perpetration, shall be confiscated;
3) the property that was the subject of criminal offences associated with trafficking, and/or is retired, transferred to appropriate institutions or destroyed;
4) property which has no value and cannot be used, destroyed, and if necessary - is transmitted in forensic collections expert agencies or interested parties upon request;
5) money, valuables and other property, were the subject of a criminal offence or other socially dangerous acts, confiscated, except those that are returned to the owner (rightful owner), but if it is not installed, - become the property of the state in the manner prescribed by the Cabinet of Ministers of Ukraine;
6) money, valuables and other property obtained by a natural or legal person as a result of committing a criminal offence and/or the proceeds of it, as well as property, in which it is fully or partially converted, to be confiscated;
7) the property (cash or other assets, and income from them) convicted for corruption crime, legalization (laundering) of income obtained by criminal means, its associated persons will be confiscated if the court confirmed the legality of the grounds of acquisition of such property.
Associated persons are convicted of a legal person, which with his assistance got to the ownership or use of said property.

Thus, the law establishes a presumption of illegality of the estate of the above convicted (including cash) , and to get the property back, you must prove in court the validity of the grounds of acquisition of the rights to such property.

If the court finds no legal grounds for acquisition of rights on the part of the property, confiscated the property of the convict and in case of impossibility of allocation of such parts is their cost. In case of impossibility of confiscation of property, the legality of the grounds of acquisition of which has not been confirmed, at the convicted person's responsibility to pay the cost of such property.

The documents constituting material evidence will remain in the criminal proceedings throughout the time of their storage.

While solving the issue of special confiscation in the first place needs to be solved the question of the return of money, valuables and other property owner (legal owner) and/or for damages caused by a criminal offence. The application of special confiscation is applied only after the evidence in court by the prosecution that the owner (legal owner) money, valuables and other property knew about their illicit origin and/or use. In the absence of the perpetrator of the property which may be levied, except property which is subject to special confiscation, the losses caused by the victim, the civil claimant shall be reimbursed from the funds from the sale of confiscated property, and the remainder becomes the property of the state.

In case if the proprietor (legal owner) money, valuables and other property, was installed after the application of special confiscation and did not know and could not know about their illegal use, it has the right to demand the return of property or funds from the state budget received from the sale of such property.

Dispute about the ownership of things which are subject to return, resolved in civil proceedings. In this case, the thing is stored prior to the entry of the court decision into legal force

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