This article considers relevant science and law enforcement practice issues of state
intervention’s legitimacy in the right to peaceful property enjoyment in criminal proceedings
during property seizure. These issues are considered everywhere through international
instruments’ prism, particularly the Convention for the Protection of Human Rights
(ECHR) and Fundamental Freedoms, Article 1 of Protocol No. 1 to the Convention and
the ECtHR case-law. Based on the ECtHR case law, the authors analyze the conditions
under which the state may interfere in exercising a protected right, often called criteria
for intervention. Based on the fact restrictions are permissible if they are prescribed by
law, necessary in a democratic society and pursue a legitimate goal, the authors consider
these conditions through the lens of national law enforcement practices of Ukrainian
criminal proceedings. The authors emphasize the relevance of these criteria of the legality
of individual rights restriction in criminal proceedings since when applying for property
seizure, the Ukrainian legislator requires investigating judges to consider reasonableness
and restriction proportionality of property rights, and apply the least onerous seizure
method, not suspend or excessively restrict a person’s lawful business activities, or other
consequences significantly affecting others’ interests. Due to the amendment of the
Ukrainian criminal procedure legislation, the practice is slowly approaching the European
Court of Human Rights practice’s European standards. However, proper systematic, logical
and consistent court decisions limiting the human right to peaceful property possession
remain critical. Based on the study, the authors offer a model of logical reasoning,
following which the investigating judges can correctly formulate the motivational part of
the decision to satisfy or deny the request for property seizure. Particular attention is paid
to the reasonableness, suitability, necessity, and proportionality of the means of restricting
the right to peaceful enjoyment of the property and describes each of them.