ON THE ISSUE OF INTERNATIONAL LEGAL GUIDELINES IN THE REGULATION OF RUSSIAN CRIMINAL PROCEDURAL COERCION OF A PROPERTY NATURE
The author conducted a study of the content in international legal acts of the fundamental guidelines of legal regulation and organization of the use of measures of criminal procedural coercion of a property nature. As a result, he came to the following conclusions. International legal acts establish the primary issues of this type of coercion, namely, by setting the development in the quantitative and qualitative composition of the institutions that represent such measures. The following guidelines have been established: the need for their detailed regulation; the mandatory presence of additional guarantees of property rights and interests in the sources of law; the expediency of distinguishing the areas of application of procedural coercion of a property nature (criminal, civil, etc.); the requirement to ensure, first of all, the rights and interests of the individual, the desire to oblige the state to take care of the security of the property rights and interests of the victim, the accused, other interested persons, as well as other persons involved in criminal proceedings; the definition of state responsibility for the lack of security of the above. The European Court of Human Rights should also implement the provisions on the use of criminal procedural coercion, including of a property nature, made by the European Court of Human Rights: "the existence of a legitimate purpose for interfering with property rights", "the proportionality of interference with the pursued purpose", "under the conditions provided for by law", "in the interests of society and in compliance with the balance between the rights of the owner and the interests of society", "the availability of available and sufficient legal remedies". In addition, the idea of a "fair balance" should be implemented, according to which the law enforcement officer is obliged to consider the possibility of applying a less strict preventive measure as an alternative to detention, including through the use of property-related preventive measures.