Using and/or disposing of assets

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According to Article 1 of the Law, asset management is the activity of owning, , i.e. ensuring the preservation of assets seized in criminal proceedings and their economic value or the sale of such assets or their transfer to management in accordance with this Law, as well as the sale of assets confiscated in criminal proceedings.

Furthermore, the European Court of Human Rights has stressed that interference with the right to property is permissible only if it pursues a legitimate aim in the public interest. But, in addition, interference with the right to peaceful enjoyment special database of one’s possessions requires a “fair balance” between the interests of society and the need to respect fundamental human rights.

The Court also emphasises that an interference, particularly when it is to be considered in the context of the second paragraph of Article 1 of Protocol No. 1, must strike a “fair balance” between the requirements of the general interest and the requirements of the protection of fundamental human rights. The importance of striking this balance is reflected in the structure of Article 1 as a whole and, therefore, in the second paragraph. There must be a reasonable relationship between the means employed and the aim sought to be achieved.