IMPOSING ARREST ON VIRTUAL ASSETS AS A MEASURE TO SECURE CRIMINAL PROCEEDINGS IN CRIMINAL PROCEEDINGS CONCERNING THE LEGALIZATION (LAUNDERING) OF PROPERTY OBTAINED BY CRIMINAL MEANS

Abstract

Introduction. The current level of crime is characterized by the spread of the use of virtual assets, which become the subject, means, income from their commission, the subject of confiscation in criminal proceedings. In this regard, questions logically arise regarding the determination of the procedure for taking measures that would ensure the further implementation of the execution of the punishment imposed by the court in relation to such assets.

Summary of the research results. The article attempts to generalize existing views on the problems of imposing an arrest on virtual assets as a measure to secure criminal proceedings, in particular in criminal proceedings regarding the legalization (laundering) of property obtained by crime. The author's view on the procedure for applying an arrest on virtual assets is proposed, which is defined as a set of sequential stages of the activities of an investigator, prosecutor, investigating judge or court.

Conclusions. Based on the results of the study, it was concluded that the process of imposing an arrest on virtual assets in criminal proceedings on legalization (laundering) of property obtained by criminal means consists of the following stages: 1) making a decision on the presence of grounds for applying the arrest of virtual assets in criminal proceedings; 2) in urgent and exceptional cases, imposing an arrest on virtual assets without obtaining permission from the investigating judge or court, but by decision of the Director of NABU or his deputy, agreed with the prosecutor; 3) filing a petition for the arrest of virtual assets with the investigating judge, court; 4) consideration by the investigating judge or court of the petition and resolution of the issue of the arrest of virtual assets; 5) execution of the court decision on the arrest of virtual assets.