Subject to special confiscation from a suspect

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At the same time, the criminal procedural law does not provide for the possibility of appealing the decisions of the investigating judge, which are adopted in accordance with Article 174 of the Criminal Procedure Code of Ukraine, in particular on the cancellation of the seizure of property.

According to the provisions of Part 1 of Article 170 of the Criminal Procedure Code of Ukraine, the seizure of property is a temporary, until canceled in accordance with the procedure established by the Criminal Procedure Code of Ukraine, deprivation by decision of an investigating judge or court of the right to alienate, dispose of and/or use property in respect of which there are a number of grounds or reasonable suspicions to believe that it is evidence of a crime, , accused, convicted person, third parties, confiscation from a legal entity, to secure a civil claim, to recover from a legal entity the unlawful benefit received, and possible confiscation of property.

Based on the above, the seizure of property involves the establishment special database of a certain restriction on the rights of a person regarding the free possession of the property on which the seizure is imposed, the full or partial cancellation of the seizure, in turn, fully or in part restores the rights of a person regarding the alienation, disposal and/or use of property. That is why, when formulating in Article 309 of the Code of Criminal Procedure of Ukraine the list of decisions of the investigating judge that are subject to appeal, the legislator included among them decisions on the seizure of property or refusal to do so, since this issue concerns the need to restrict the rights of the property owner, but did not include in this list decisions on the cancellation of the seizure of property, since such a decision means the full or partial cancellation of already imposed restrictions.