RETURN OF CRYPTOCURRENCY SEIZED IN CRIMINAL PROCEEDINGS TO THE VICTIM

Abstract

Abstract. The article is devoted to the investigation of the return of cryptocurrency seized in criminal proceedings to the victim. The topic of the research is relevant, as cryptocurrencies have become widely distributed, and the number of illegal acts, the consequence of which is the illegal possession of cryptocurrency and causing material damage to the victim, is also growing exponentially. However, currently there are no studies in Ukraine that would determine at the doctrinal level how law enforcement officers should act in case of seizure of cryptocurrency from criminals and how to return it to the victim. In the research process, the formal-logical method, as well as the methods of systemic and technical-legal analysis, were applied, which made it possible to formulate the approach and rules for the return of cryptocurrency stolen from the victims. The procedural tools available to the investigator, the prosecutor, the investigating judge and the court in the context of the return of cryptocurrency stolen from the victims have been analyzed. Typical situations that occur during the investigation and trial of criminal proceedings on criminal offenses related to the illegal possession of cryptocurrency and related to the methods of returning seized cryptocurrency have been determined. Methods of returning the seized cryptocurrency are indicated and a step-by-step algorithm for its return is proposed. The requirements for what information and in what sequence should be displayed in the protocols of investigative (search) actions upon the return of cryptocurrency have been formulated. The provision on the need to return the seized cryptocurrency to the victim as soon as possible is proposed and scientifically substantiated. The risks of losing cryptocurrency when returned to the victim are indicated, and the rules for its safe return to the victim are formulated, as well as practical recommendations are provided regarding the methodology and tactics of returning seized cryptocurrency to investigators, prosecutors, investigating judges, and courts.