Възможност за участие на трето заинтересовано лице в производството при отнемане на имуществото му в полза на държавата - гаранция за защита на правото на собственост, регламентирано в КЗПЧОС и правото на ЕС
The Right of an Interested Third Party to Participate in the Proceedings of Confiscation in Favour of the State as a Guarantee of His Right of Protection of Property Under the ECHR and EU Law

Author(s): Antoniy Gatov
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Civil Law, EU-Legislation
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: confiscation in favour of the State; protection of property; interested third party; Criminal Code; European Convention on Human Rights; European Union Charter of Fundamental Rights
Summary/Abstract: The hereunder article aims to propose an analysis of the compliance of several provisions in the Bulgarian Criminal Code and other special Acts regarding the confiscation of property, with Article 1, Protocol I to the European Convention on Human Rights and the European Union Charter of Fundamental Rights. More precisely – when the property is being confiscated even when it is not owned by the perpetrator. The author has examined various positions held in the doctrine and the case law, both at national and European level, based on which has formed a conclusion and has proposed a potential solution to the problem.

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