Процессуальное положение лиц, указанных в части 3 статьи 115 УПК РФ

Lex Russica (Русский закон). 2026. Т. 79. № 3. С. 77–88.

Rastoropov S., Artamonova E.

In modern Russian criminal proceedings, the practice of seizing property of persons specified in Part 3 of Article 115 of the Criminal Procedure Code of the Russian Federation, often also referred to as third parties, has become widespread. The Criminal Procedure Code of the Russian Federation neither defines the procedure for involving such persons in criminal proceedings nor their procedural status. At the same time, some of their individual rights are already enshrined in the law, while others implied by its meaning and are actually implemented in practice. This allows us to speak of the emergence of a new special participant in criminal proceedings and the de facto formation of their procedural status that while acquiring certain rights of a party in a court hearing does not become a party thereof. The scope of their powers in criminal proceedings is determined by the intention to protect their property that is at risk of confiscation. For the legitimate interests of such persons to be protected in a more effective way, it is proposed to expand their powers in the process. To this end, they should be allowed to participate in court hearings both to review the material on the seizure of property and to consider the merits of the criminal case in which the property was seized; to involve representatives, including lawyers, to protect their rights and legitimate interests; to receive copies of final decisions both on the materials regarding the seizure of property (relevant rulings) and on the criminal case (verdicts, decisions to terminate the criminal case).

Keywords: заинтересованные лица, судебное заседание, процессуальные права, seizure of property, наложение ареста на имущество, процессуальное положение, арест на имущество, extension of the period of seizure of property, third parties in criminal proceedings, rights of third parties in criminal proceedings, interested parties, procedural rights, procedural status, seizure of property, court session, rights of the party, продление срока наложения ареста на имущество, третьи лица в уголовном судопроизводстве, права третьих лиц в уголовном судопроизводстве, права стороны