How can property interests be protected in criminal proceedings, taking into account existing standards of practice regarding the ECHR’s application of the provisions of Protocol No. 1 to the Convention? In particular, how can temporarily seized property be recovered?

Scholars and practicing attorneys sought answers to these questions during a webinar organized by Oleksandr Drozdov, an attorney, founder, and expert at ECHR.Ukrainian Aspect, and chair of the Ukrainian National Bar Association’s Committee on Legal Aid.

As a reminder, pursuant to Article 1 of Protocol No. 1, every natural or legal person has the right to the peaceful enjoyment of their possessions. No one may be deprived of their property except in the public interest and subject to the conditions provided for by law and the general principles of international law. However, the foregoing provisions in no way limit the right of the State to enact such laws as it deems necessary to regulate the use of property in accordance with the public interest or to ensure the payment of taxes, other charges, or fines.

Iryna Hlovyuk, a member of the NAAU Committee on Criminal Law and Procedure and a legal advisor at Barristers Law Firm, served as co-rapporteur for the event.

During the event, participants examined the case law of the European Court of Human Rights and the case law of the Supreme Court’s Criminal Cassation Chamber regarding the application of Article 1 of Protocol No. 1, in particular, using the example of the judgment in the case of “East/West Alliance Limited v. Ukraine” (Application No. 19336/04).

Part 1