PROCEDURAL GUARANTEES OF ENSURING THE RIGHTS AND LEGAL INTERESTS OF CITIZENS DURING SEIZURES AND SEARCHES

This article thoroughly analyzes the concept of seizure, which is considered an investigative action in criminal proceedings, and the procedural guarantees of individual rights and legal interests during the seizure investigative action. In this case, the norms established in the criminal procedure legislation on the concept of seizure and the views of specialists and scientists in this area were studied. In turn, the distinctive features of the concept of seizure from the concept of a search investigative action are revealed. Criminal procedure legislation grants investigators broad powers to resolve issues related to the rights, freedoms, and interests of individuals during seizures, and this article analyzes the conditions that investigators and participants must adhere to during searches during the investigation process. Since the seizure process is directly related to the right of individuals to the inviolability of their property, this article briefly examines the norms of national and international legislation regarding the guarantee of the right to the inviolability of property during this investigative action. Also, the legislative acts on the topic, the opinions and proposals of scientists who conducted scientific research on this topic were thoroughly studied, and the personal opinions, conclusions, and proposals of the authors were put forward.

Authors

Publication Details

Journal
Review of Law Sciences
Published
2025-03-27
DOI
https://doi.org/10.51788/tsul.rols.2025.9.1./cjfn1422
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
0.00
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article

PROCEDURAL GUARANTEES OF ENSURING THE RIGHTS AND LEGAL INTERESTS OF CITIZENS DURING SEIZURES AND SEARCHES

Bauirjan Yermekbayev, Hamid Akmalov
Review of Law Sciences
European Criminal Justice and Data Protection
article

PROCEDURAL GUARANTEES OF ENSURING THE RIGHTS AND LEGAL INTERESTS OF CITIZENS DURING SEIZURES AND SEARCHES

Bauirjan Yermekbayev, Hamid Akmalov
article en

Abstract

This article thoroughly analyzes the concept of seizure, which is considered an investigative action in criminal proceedings, and the procedural guarantees of individual rights and legal interests during the seizure investigative action. In this case, the norms established in the criminal procedure legislation on the concept of seizure and the views of specialists and scientists in this area were studied. In turn, the distinctive features of the concept of seizure from the concept of a search investigative action are revealed. Criminal procedure legislation grants investigators broad powers to resolve issues related to the rights, freedoms, and interests of individuals during seizures, and this article analyzes the conditions that investigators and participants must adhere to during searches during the investigation process. Since the seizure process is directly related to the right of individuals to the inviolability of their property, this article briefly examines the norms of national and international legislation regarding the guarantee of the right to the inviolability of property during this investigative action. Also, the legislative acts on the topic, the opinions and proposals of scientists who conducted scientific research on this topic were thoroughly studied, and the personal opinions, conclusions, and proposals of the authors were put forward.

Review of Law SciencesVol. 9(1)
Openalex Percentile: Top 92%
European Criminal Justice and Data Protection
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