SECURITIES IN CRIMINAL PROCEEDINGS: PRIVATE LAW ASPECTS IN PUBLIC LAW RELATIONS

The civil law institute of securities «intersects» with Russian criminal proceedings in three main points: securities act as evidence, including material; securities act as seized property under a coercive procedural measure; securities may be pledged as a preventive measure. Purpose: to determine the ratio of public law and private law principles in the use of securities in national criminal proceedings. The main method of research is the method of comparative jurisprudence. In addition, general and special methods (analysis and synthesis, logical, special-legal) are applied.  Results: the use of the private law institute of securities in public criminal proceedings demonstrates some distortions in the form of excessive coercion and disadvantages in the application of the dispositive method of regulation.