THE RIGHT TO PROPERTY AND MECHANISMS FOR RECOVERY OF CRIMINAL ASSETS IN THE LEGISLATION OF THE REPUBLIC OF MOLDOVA FROM THE PERSPECTIVE OF FUNDAMENTAL RIGHTS PROTECTION AND THE EFFECTIVENESS OF COMBATING CRIME

State interference with the right to property in the context of criminal proceedings represents a particularly sensitive and complex issue, as it entails the restriction of a fundamental right enshrined in both the Constitution and international treaties, including the European Convention on Human Rights. According to the jurisprudence of the European Court of Human Rights, any measure that limits the right to property such as seizures, confiscation, inqyisition, asset freezing, or the imposition of criminal fines, must meet three essential criteria: it must be prescribed by law, pursue a legitimate aim, and be proportionate to that aim. Failure to satisfy these conditions may render the measure arbitrary, thereby exposing the state to liability for the violation of fundamental rights. In the Republic of Moldova, amid an intensified campaign against organized crime and corruption, special mechanisms have been established to enable state intervention with respect to assets owned by individuals involved in criminal activity. These instruments include extended confiscation, the administration of seized assets by the Criminal Assets Recovery Agency, and other procedural measures specific to the criminal justice system. However, the implementation of such mechanisms raises serious concerns regarding their compatibility with European human rights standards. These developments give rise to a series of practical and constitutional challenges: the risk of abuse by public authorities, the difficulty of maintaining a fair balance between the public interest and individual rights, and the pressing need to align the domestic legal framework with the standards established by the European Court of Human Rights (ECtHR). Only by ensuring such a balance can the effective protection of the right to property in criminal proceedings be guaranteed