Конфискация имущества как мера противодействия незаконному обороту наркотических средств, психотропных веществ или их аналогов

Abstract

Financial University under the Government of the Russian Federation, LL.D., Professor, Honored Lawyer of the Russian Federation Purpose: to consider the institution of confiscation of property as another measure of a criminal law nature, and to show the practice of using this criminal law institution in cases of illegal trafficking of narcotic drugs, psychotropic substances or their analogues. Research methods: comparative legal, dogmatic, analysis of judicial practice. Conclusions: based on the analysis of the provisions of Chapter 15.1 of the Criminal Code of the Russian Federation and Article 81 of the Criminal Procedure Code of the Russian Federation, it is shown that the legal basis for confiscation of property in cases of illicit trafficking in narcotic, psychotropic substances or their analogues is interdisciplinary in nature. It is noted that if the property has the properties specified in paragraphs “a”-“d” of Article 104.1 of the Criminal Code of the Russian Federation, the court is obliged to make a decision on the confiscation of such property. When planning opera-tional search activities and investigative actions, it is necessary to pay special attention to providing evidence of the connection of the property subject to confiscation with a specific crime. Scientific and practical significance: the legal nature of confiscation of property as another measure of a criminal nature is revealed, its place in the system of similar institutions is indicated, the specifics of the implementation of the provisions of Chapter 15.1 of the Criminal Code are indicated by the example of court decisions on specific cases. Disputes about the ownership of confiscated property to persons not involved in crimes may be resolved at the stage of execution of a court verdict, including in court.