Special confiscation of assets and the protection of property rights of citizens and legal persons
Nersesian A. Special confiscation of assets and the protection of property rights of citizens and legal persons
In the article the author considers legal and procedural problems of application specific asset forfeiture as a new event for Ukraine criminal law. The article determines the social and legal nature of special confiscation, its purpose and objectives.
From the analysis of international legal acts author makes a number of conclusions about the content of measures, which include special confiscation and seizure of proceeds from crime and other property if it can be equivalent to compensation for crime damage.
The author defines that the Ukrainian criminal legislation there are numerous gaps that do not allow the legitimate use of proceeds and special property converted if they acquired in formal legal grounds. Also in need of clarification and detailed list of offenses for which it is possible to use a special confiscation.
Also, the author makes an analysis grounded seizure in criminal proceedings as an integral part of special confiscation.
The author made a number of theoretical and practical conclusions on improving mechanisms for special confiscation and seizure in criminal proceedings.
It is proposed to improve the list of criminal offenses in the case of which should be applied special confiscation. The author also proposes to improve the procedure of the special confiscation and define how should be brought bona fide acquisition of the right to property. Confirmed the feasibility of limiting the term of arrest of property in criminal proceedings 60 days with the possibility of extension.
Keywords: seizure of property, confiscation, special confiscation, criminal proceedings, corruption crimes, property assets.