JUDICIAL CONTROL OVER THE SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGS: LEGAL CERTAINTY AND PROCEDURAL PROPORTIONALITY

Abstract

The article considers the limits of judicial control over attachment of property in criminal proceedings in the Republic of Kazakhstan through the legal positions set out in Normative Resolution No. 76-NP of the Constitutional Court of the Republic of Kazakhstan dated December 4, 2025.

The study aims to identify ways to improve criminal procedural regulation that would make it possible to ensure the effective pursuit of criminal prosecution while providing adequate protection of the right to property and other lawful proprietary interests of participants in criminal proceedings.

The research employs formal-legal, systemic, constitutional-legal, and comparative-legal methods. It focuses on the participation of co-owners when courts consider attachment of property, the practical scope of the right to be heard, and the requirements of legal certainty and procedural proportionality when property rights are restricted. On that basis, the authors substantiate amendments to Articles 56 and 161–163 of the Criminal Procedure Code of the Republic of Kazakhstan that would provide additional procedural safeguards to persons whose property rights are affected by judicial decisions.

The findings of the study support the conclusion that the legal positions of the Constitutional Court should be implemented through a model based on legal certainty, procedural proportionality, and effective judicial control over restrictions on the property rights of persons involved in criminal proceedings.