INCORRECT INTERPRETATION AND APPLICATION OF THE CONCEPT OF “MATERIAL EVIDENCE” AS A BASIS FOR UNREASONABLE RESTRICTION OF THE RIGHTS OF A BONA FIDE PURCHASER OF REAL ESTATE DURING CRIMINAL PROCEEDINGS

Abstract

This article is devoted to the disclosure of the content of the concept of material evidence in the RA Code of Criminal Procedure, the incorrect interpretation of the concept of material evidence in law enforcement practice, as well as the practice of considering land plots allegedly acquired by criminal means as material evidence. The author analyzed in detail the illegality of such practices, as a result of which the rights and legitimate interests of bona fide purchasers of property are violated. The article states that real estate that does not have any characteristics that are important for the criminal proceedings cannot be recognized as material evidence. The sole purpose of admitting such property as material evidence is to covertly seize such property.

Recognition of property as material evidence in the absence of legal grounds, and then the factual seizure of this property, violates the right of the owner of the property to freely dispose, use and own the property belonging to him (Article 60 of the Constitution of the Republic of Armenia), the right to judicial protection guaranteed by Article 61 of the Constitution of Armenia and Article 299 of the Code of Criminal Procedure.

To summarize, the author notes that the practice of recognizing real estate owned by a bona fide purchaser as material evidence and the subsequent actual seizure of such property contradicts the generally accepted concept of material evidence and violates the constitutional and conventional rights of the owner. Therefore, this practice should be reviewed.