ԱՊՕՐԻՆԻ ԾԱԳՈՒՄ ՈՒՆԵՑՈՂ ԳՈՒՅՔԻ ԲՌՆԱԳԱՆՁՄԱՆ ՀԱՅՑ ՀԱՐՈՒՑԵԼՈՒ ՀԻՄՔԵՐԻ ՈՒՍՈՒՄՆԱՍԻՐՈՒԹՅՈՒՆԸ ՀԱՇՏՈՒԹՅԱՆ ՀԱՄԱՁԱՅՆՈՒԹՅԱՄԲ ԱՎԱՐՏԵԼԸ

Abstract

The procedure for the confiscation of property of illegal origin is a civil procedure designed to confiscate property acquired through criminal activity. It encompasses not only the confiscation of property through a court decision but also allows for the voluntary transfer of illegally obtained property to the state through a settlement agreement. This article explores the requirements and criteria for settlement offers, presented by the authorized body. It highlights the unique characteristics that differentiate settlement agreements from agreements reached in other legal proceedings, considering the nature of the legal relationship and the state’s interest. The article emphasizes the importance of guaranteeing the rights of individuals involved in the proceedings in the context of submitting an agreement offer by the authorized body. It references the order of the General Prosecutor of RA that establishes the procedure for concluding a settlement agreement and defines the scope of issues to be addressed within this framework. The author suggests regulating a special procedure for court approval of prejudicial settlement agreements through the RA Civil Procedure Code. Additionally, the proposal includes introducing the possibility of partially concluding the investigative phase by reaching a settlement agreement. These suggestions aim to facilitate the amicable completion of the investigation phase and enhance the effectiveness of court proceedings related to the confiscation of property of illegal origin.