Seizure Of Assets Research Articles

LAWS PERTAINING TO E-COMMERCE IN INDIAN CONTEXT

We live in a digitally advanced age. There isn't a single person here without internet access. India's youth rely entirely on the Internet for all kinds of tasks, including shopping, paying bills, and education. The shift to online buying had a significant effect on traditional shopping methods. The main objective of this paper is to study the fundamental idea and legal framework of e-commerce in India's context. E-commerce , to put it simply, is the exchanging of both digital and physical goods and services over electronic networks and platforms as an alternative to traditional selling methods. By 2026, the Indian e-commerce market is projected to grow to a value of US$200 billion. India’s current e-commerce is growing by 21 % Compounded Annual Growth Rate (CAGR). The e-commerce business has seen increased investment as a result of the rise in digital literacy, which has also widened the base for new entrants. The advent of e-commerce in rural India has significantly transformed the lives of those living there. Not only did it demonstrate the viability of capturing the market, but it also gave rural residents employment opportunities. The world truly transforms into "Vasudev Kutumbakam'' with the aid of e-commerce. Nonetheless, the COVID-19 pandemic-related surge in internet sales and transactions provided fraudsters with a new window of opportunity. Frauds involving online shopping made about 38% of all frauds recorded worldwide in 2020. In order to counteract these kinds of frauds, the Indian government has created a number of rules and regulations. In order to protect internet users from identity theft, financial loss, exposure to pornographic content, asset seizure online, and other serious cybercrimes, the government passed the Information Technology Act of 2000. This act establishes legal measures to monitor and regulate the activities of computer devices that access the internet. However, these laws are insufficient to ensure that e-commerce runs smoothly. This research paper seeks to analyse the regulations and guidelines related to e-commerce in India. The paper also suggests that the realm of e-commerce should be the subject of more strict regulations. Keywords: Digitalization, Technology, E-Commerce.

Rules for the transfer of seized property to the management of the Asset Recovery and Management Agency of Ukraine and its return to the owner in the context of ensuring the inviolability of property rights

Having studied the rules for transferring seized property to the management of the Agency for Search and Asset Management of Ukraine and its return to the owner in light of the principle of inviolability of property rights, the author came to the conclusion that these rules should be changed. The special management regime of particularly valuable seized property must be primarily aimed at achieving the purpose of the seizure. For this purpose, it is sufficient merely to establish a prohibition for the owner to use and transfer his/ her property (freezing of the assets) to ensure its unimpeded collection into state income after delivery of a guilty verdict or an illicit enrichment decision. The legitimate interest of the state in preserving the economic value of assets could be satisfied by their owner under the control of the government authorities or by agreeing with him a responsible custodian of the property, whose activities must be limited to maintaining at the initial level the properties of the property that underlie its value. The transfer of seized property to a manager specified by the Asset Recovery and Management Agency of without the consent of the owner, as well as its forced sale, amounts to to the acquisition of the right to free temporary use of someone else’s property to receive income from it or to convert non-monetary property into its monetary value. These measures should be recognized as exceptional and their implementation should be possible if: (1) their owner will not provide financial or other guarantees for the potential recovery of the corresponding sums by the state; (2) their duration is limited to a reasonable period, which must be determined by the investigating judge (court) while making a judgment regarding permission to carry out these measures; (3) they are accompanied by the full responsibility of the state for any negative consequences of these measures, including the consequences of mismanagement of seized assets, which may lead to their unreasonably accelerated wear, lost profits, disclosure of commercial secrets, loss of trust on the part of employees and counterparties, etc. In addition, proceeds from asset management in case of cancellation of seizure of assets must be returned to their owner together with the assets.

Fair Law in Money Laundering with the Origin of Corruption with the Concept of Asset Seizure

Money laundering is a guarantee to get the results of criminal acts establish the economic responsibilities of a country and especially of tact currency exchange rates will be more difficult. Glassy from this, the achievement of assets becomes important because the method of approach used to be known as "following the money". The concept of Internal Revenue money from the perspective of Justice. This study is the norm or research doctrinaire, also referred to as dogmatic research with a conceptual approach and legislation. The study found that the achievement of assets in laundering money has actually been seized in Indonesia in the form of criminal forfeiture based on Criminal Code and code of Criminal Procedure, civil forfeiture and administrative forfeiture under the PPTPPU law, but in setting and implementation there is still a law that can used by criminals to return the proceeds of their crimes, so as not to get a sense of Justice, harming the state and society completely money kidnapping victim. Based on the perspective of Justice derived from the fundamental principle of Justice states that justice should not be contested the culprit. This underlies the need for consideration of regulatory responsibility foreclosure of assets, especially related to civil / in foreclosure rem by reformulating unity in the UU PPTPPU. In addition, liability claims can also be made through legislation that specifically addresses the achievement of assets with a train of thought that is not just limited to the assets in the account user creation service providers only, but includes all assets associated with evil. Maintaining health against certain infectious diseases is also good it needs to be organized to increase the sense of justice for society and the state.

LAW ENFORCEMENT OF DIGITAL ASSET CONFISCATION IN MONEY LAUNDERING CRIMES

Money laundering is a serious crime that harms the interests of society, causes economic instability in a country, and is more dangerous than corruption because tracking the flow of money from money laundering will be more difficult. Due to this complexity, asset forfeiture becomes crucial because the approach method used is known as "follow the money." This research reviews asset forfeiture in money laundering from a law enforcement perspective. This research is normative or doctrinal, also known as dogmatic research with a conceptual and legislative approach. The findings indicate that, although asset forfeiture has been regulated through criminal prevention actions based on the Criminal Code and the Criminal Procedure Code, as well as civil and administrative actions based on the Anti-Money Laundering Act, there are still shortcomings in regulations that allow criminals to hide their illegal gains. It has not achieved justice and harms both the country and the victims of money laundering. From a law enforcement perspective rooted in the principle that crime should not benefit the perpetrator, it is crucial to broaden the scope of asset seizure regulations. It includes revising existing regulations in the Anti-Money Laundering Act to include civil or in rem seizures and expanding this scope through legislation that not only regulates assets in financial service accounts but also all assets related to criminal activities. Strengthening protection for innocent third parties is necessary to ensure justice for society and the country.

Normative construction of restorative justice implementation in accelerating state losses return in corruption crimes

The objective of this study is to explore the philosophical foundation for the application of restorative justice approaches in cases of corruption in Indonesia. The study aims to examine and analyze the success related to efforts to reclaim and take back state financial reimbursement due to corruption based on the provisions of Article 18 of Law Number 31 of 1999 concerning eradication of corruption crimes, which is mainly carried out by the process of confiscating the assets of the suspect's wealth which are found to have a relationship and link and match relationship with the suspect and his corruption crime. The research is intended to explore and discuss the shortcomings and challenges, both substantive and formal, in asset seizure for state recovery, as well as the analysis of the success of recovering substitute money in combating corruption crimes. Based on the research, it is concluded that the philosophy of Pancasila as a source of values derived from its five principles to guide the enforcement of law in Indonesia can be employed to examine Indonesian law.

The Effectiveness of Recovering Losses on State Assets Policy in Dismissing Handling of Corruption

The recovery of state financial losses due to corruption in Indonesia does not reduce the criminal risk for corruptors, and the purpose of this study is to examine the effectiveness of asset forfeiture from corruption in Indonesia. This comparative normative legal research compares the recovery of state losses due to corruption in Indonesia and Saudi Arabia. This research confirms that. First, the current legal framework for collecting and seizing corruption-related assets in Indonesia must be revised to recover state financial losses. Second, the existing mechanisms need to be improved for law enforcement against corruption, particularly the recovery of state losses. When compared to Saudi Arabia, the mechanism for recovering corruption assets in Indonesia is less efficient, considering that in Saudi Arabia, corruptors may lose 70% of their wealth confiscated by the Saudi Arabian government. Third, the seizure of corrupt assets in Indonesia must use the paradigm of unexplained wealth. This approach allows for confiscating assets belonging to people whose value is grossly disproportionate to their known income and who cannot prove (using reverse proof) that they acquired the assets legally.

Egzekucja roszczeń odszkodowawczych w związku z wywołaniem i prowadzeniem wojny napastniczej

The article presents key issues related to the assertion of claims for liability for damages resulting from the instigation and conduct of a war of aggression. These issues have become topical again not only due to revival of the discussion concerning claims for damages caused during the Second World War, but also due to the ongoing armed conflict between the Russian Federation and Ukraine since 2021. At present, there are no codified, uniform and well-established legal principles in this area regarding the claims themselves in general, or for their enforcement. Under international law, a war of aggression can certainly give rise to an obligation to provide compensation on the part of the state that caused or conducted it (the responsible state).In the twentieth century, the issue of liability for reparations was primarily regulated in acts of peace-making, most famously in the Treaty of Versailles. However, there is still an ongoing theoretical discussion as to whether and how liability for damages can be effectively claimed by the injured state, but also by individuals – on the basis of the rules of international law or even domestic law, since these entities do not, in principle, have international legal subjectivity. Indeed, individual claims are or at least can also be the subject of international agreements. In this context, the article points to a trend away from the principle of absolute jurisdictional immunity of states in favour of limited immunity, which should also be applied to immunity from enforcement. This leads to the question of the desirability of moving away from rigid rules of protection for states when, by provoking and waging a war of aggression, they can on this basis avoid liability for their own unlawful actions. Furthermore, given the limited framework of legal instruments of influence in relations between states, the question arises as to whether and which measures (including the long-known so-called precautionary measures) can be used unilaterally not only against a state, but also against its citizens and the assets of the legal entities subject to its legislation. In practice, it is precisely such measures that can serve to secure claims for damages through the seizure of property assets. However, it should not be forgotten that the application of such unilateral measures may be challenged in relations between Member States of the European Union. In addition, any expropriation or confiscation may be challenged as inadmissible not only under the constraints of Article 215 TFEU, but also in light of the protective norms of the EU Charter of Fundamental Rights and Article 1 of Protocol No. 1 to the ECHR, and, at the level of state legislation, constitutional norms.

Criminal Policy on Forfeiture of Assets Resulting from Gratification in Cases Stopped by Law

The Indonesian government has made various efforts to suppress the massive corruptive behavior in Indonesia, both through means of law enforcement and prevention, but this has not had a significant impact in reducing the crime rate of corruption and providing a deterrent effect to the corruptors, because every year data on handling cases of corruption crimes in Indonesia tends to increase. The pattern of combating corruption has changed, law enforcement officials no longer only pursue criminal offenders and imprison them (follow the suspect), but also carry out efforts to trace, confiscate and for feit all assets that are the proceeds and instruments of criminal acts (follow the money). Various obstacles arise in efforts to seize assets that are the proceeds or instruments of criminal acts, one of which is the absence of legal rules governing the mechanism for the seizure of assets resulting from gratification crimes in cases that are stopped by law. The method used in this research is normative legal research, using a statutory approach (statue approach) and Court Decisions. This reserach aims to examine and formulate an ideal criminal law policy in the seizure of confiscated objects in the form of assets of gratification suspects whose cases are stopped for the sake of law in the future. The results in this research show that asset seizure in the eradication of corruption currently still places asset seizure as an additional crime so that asset seizure is still based on the defendant's guilt (conviction based asset forfeiture), in addition to through the criminal mechanism of asset forfeiture can also be done through civil mechanisms with the concept of non-conviction based asset forfeiture, but there is no rule governing the asset forfeiture mechanism proceeds of gratification in cases that are stopped by law. The criminal policy of asset seizure in the future based on the Asset Forfeiture Bill related to Criminal Acts with the concept (non-conviction-based asset forfeiture) has clearly regulated the mechanism for the seizure of assets belonging to Suspects or Defendants who died, escaped, became permanently ill, or whose whereabouts are unknown, so as to overcome the legal vacuum in terms of seizure of assets resulting from gratification crimes in cases that are stopped by law.

Aircraft vulnerability to politically motivated Radio Frequency Interference (RFI) in Eastern Europe

Countries in Europe have experienced radio frequency interference from Russian electronic warfare units, affecting navigation systems without discrimination. Interference has been identified as coming from the Russian mainland, Kaliningrad, and in the areas where it is engaged in conflicts abroad, creating serious hazards for aircraft. Previous research has identified the technical vulnerabilities to aviation from radio frequency interference, but it has yet to be contextualised in light of the ongoing geopolitical tensions. Using literature review analysis, the aim of the article is to place the jamming and spoofing threat in the context of ongoing political tensions between Russia and the region and to establish worse-case scenarios based on the former’s motives. Focusing on the threats to aircraft, it finds that the likely motivations are to (1) complement political narratives of Western aggression; (2) to deny service for intimidation, harassment, economic loss, and to portray a dominant Russian cyber influence; and (3) to use spoofing to enable hostage diplomacy via the seizure of people and assets. It argues that reporting mechanisms for aviation risks assumes geographical staticism, which does not correspond adequately to the threat. It also creates arbitrary “predictability” in otherwise unpredictable environments, which could ultimately affect vigilance and due diligence in the areas not considered problematic.

Confiscation Estonian style: legal and political aspects of potential seizure of Russian assets in EU countries

The possible confiscation of Russian assets by Western countries is one of the serious challenges to modern international law and the system of international relations. Since the greater part of the frozen assets is under the jurisdiction of EU countries, special attention should be paid to studying mechanisms for the use of Russian assets within the EU. The purpose of this article is to identify the key characteristics of the EU’s approaches to the use of frozen Russian assets, determine their compliance with international law and investigate possible consequences for the modern system of international relations. To achieve this goal, the author analysed the legal aspect of this problem, examined the compliance of the initiatives to confiscate Russian property with the norms of modern international law and pinpointed the potential consequences of such actions. It is concluded that possible options for seizing sovereign assets contradict the norms of international and national law. Therefore, all these methods are unfeasible within the current legal framework. Yet, the main obstacle to implementing the plans to seize Russian sovereign assets lies not within the legal realm, but in the political sphere since such actions could result in unforeseeable ramifications. The mechanism proposed by the European Commission for seizing private property within the framework of criminal proceedings implies the use of criminal law to solve political problems, which is at variance with the objectives of criminal policy.

Perbandingan hukum perampasan aset hasil tindak pidana korupsi di Indonesia, Singapura Dan Hongkong

Corruption in law is a chronic issue with corrosive effects. In Indonesia, there institutions involved in handling criminal acts of corruption; the prosecutor`s Office, the Police, and the Corruption Eradication Commission (KPK). However, corruption cases in Indonesia continue to increase and fluctuate in their eradication efforts. The KPK is the main institution tasked with combating corruption in Indonesia, but it is perceived as not yet maximizing the seizure of assets resulting from corrupt activities. Singapore has a reputation for being stringent in combating corruption, boasting a powerful anti-corruption institution known as the Corrupt Practices Investigation Bureau (CPIB), which holds authority to investigate and prosecute corruption cases without political intervention. Hong Kong has an Independent Commission Against Corruption (ICAC) that has significantly succeeded in eradicating corruption. A comparative study of laws regarding the confiscation of assets resulting from acts of corruption in Indonesia, Singapore, and Hong Kong is needed to identify similarities, differences, and to analyze the similarities and differences in asset seizure resulting from corruption between the Indonesian Corruption Eradication Commission and the Corrupt Practices Investigation Bureau Singapore, and the Independent Commission Against Corruption Hong Kong

The Role of The Prosecutor’s Office in Asset Seizure

The seizure of assets resulting from criminal acts will be easier for law enforcement officials to carry out if the Draft Law on Asset Forfeiture is passed. Assets that are seized are not only related to corruption crimes but also general crimes that carry a prison sentence of 4 years or more. The amount of assets seized is also at least IDR 100 million. This paper will explore the urgency of the Asset Forfeiture Bill in terms of the politics of legislation and then be limited to discussions on the direction of law enforcement that is considered responsive, especially regarding institutions that have authority in implementing the law. This paper is a type of doctrinal research that the data collection technique used is a literature technique, while the analysis in this study is after all legal materials are collected both from primary legal materials and secondary legal materials then clarified. Without strong watchdog institutions, impunity becomes the very foundation upon which systems of corruption are built. And if impunity is not demolished, all efforts to bring an end to corruption are in vain. Integrity, transparency, and the fight against corruption have to be part of the culture.

PEMULIHAN ASET KORBAN PENIPUAN SEBAGAI TINDAK PIDANA ASAL DALAM TINDAK PIDANA PENCUCIAN UANG

: In a criminal offense we need to know clearly the criminal offense that occurred is a must. One of them is the crime of embezzlement formulated in Article 372 of the Criminal Code, which means that embezzlement is an act in which an object is in the power of a person not because of a criminal offense, but because of a legal act, for example because of storage, entrustment agreements, and so on. Then the person who is given the trust to store and so on controls the goods for himself unlawfully, then the person is committing embezzlement. In contrast to fraud as formulated in Article 378 of the Criminal Code, fraud means an act with the intent to unlawfully benefit oneself or others by using a false name, false dignity, deception or lies that can cause others to easily surrender their goods, money or wealth. These two criminal offenses can result in other actions that harm others with economic motives, which can be said that fraud and embezzlement are carried out to obtain a person's assets, one of which can be obtained by money laundering. Assets themselves are goods which in the legal sense are movable objects, both tangible and intangible, which are included in the assets or wealth or property of an agency, business entity organization or individual. The anti-money laundering regime in Indonesia has given birth to a new approach that no longer focuses on the perpetrators of crime, but on the assets of the proceeds of crime, known as the follow the money method. In addition, the law enforcement instruments against illegal assets contained in the Anti-Money Laundering Law are actually sufficient to reach not only the assets resulting from criminal acts but also their acquisition. Ideally, the assets resulting from the criminal offense are returned to the victim of the criminal offense through a court decision with permanent legal force that orders the seizure of assets for the state or returns to the rightful owner. Returning assets to victims by perpetrators in cases of property crime, fraud and embezzlement is not impossible. Return of assets in the form of compensation in this case can be implemented by merging cases. Victims of crimes with material losses, such as fraud and embezzlement, have the right to recover their property.

Reform of Corruption Criminal Law: a Study of Corruptor Asset Application Law in Indonesia

The development of a new criminal law system in Indonesia still aims to reveal the crimes committed, find the perpetrators, and punish them with criminal sanctions, especially "corporate punishment", which includes imprisonment and the death penalty. Meanwhile, the issue of international law development, such as the issue of confiscation of proceeds of crime and tools of crime2, has not become an important component in the Indonesian criminal law system. The purpose of this study is to determine the extent to which the reform of corruption criminal law can be carried out, especially in terms of asset forfeiture of corruptors. The research method used is normative research with a legal approach and conceptual approach. The reform of corruption criminal law must provide a clear definition of asset forfeiture of corruptors. The definition must include various types of assets, both tangible and intangible, which are illegally obtained through acts of corruption. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the reform of corruption criminal law regarding the seizure of corrupt assets can strengthen corruption eradication efforts and improve the existing seizure mechanism. The legal reforms carried out include Law Number 31 of 1999 concerning Eradication of Corruption (PTPK Law); Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes (TPPU Law); Presidential Instruction Number 3 of 2018 concerning Increasing the Role and Optimizing Community Participation in Corruption Eradication; Government Regulation Number 13 of 2021 concerning Procedures for Forfeiture of Corruption Proceeds.

Urgency of Reform Asset Forfeiture Model of Narcotics Crime in Investigation

Purpose: The Narcotics Law as a foundation in law enforcement to eradicate illicit drug trafficking, is not effective enough in tackling narcotics crime, because the legal paradigm adopted in the narcotics law is oriented towards imprisoning the perpetrator (follow the suspect), while the assets resulting from narcotics crimes continue to be used for narcotics trafficking and distribution. The problem is what is the urgency of renewing the model of asset forfeiture from narcotics crimes? What is the ideal model of asset forfeiture from narcotics crimes?
 
 Design/Methodology/Approach: The research method used is a normative approach and empirical approach sourced from primary data and secondary data. Primary data is obtained by means of field studies and interviews while secondary data is obtained by means of literature studies. The data that has been collected is analyzed qualitatively.
 
 Findings: The urgency of updating the model of seizure of assets resulting from narcotics crimes must receive attention in criminal law policy, this is because the current mechanism is not adequate and even tends to use assets as an instrument of illicit drug trafficking, which should be maximized for the rehabilitation of drug addicts and abusers. The future model of asset forfeiture in relation to the renewal of the investigation for asset forfeiture of narcotics crimes is a model of asset forfeiture without punishment. This model is known as in rem forfeiture, or also known as civil forfeiture, and NCB asset forfeiture. The NCB model is essentially a suit brought against assets, not against persons. The action is separate from the criminal court, but only determines that the assets have been tainted by the criminal offense.

Juridical Review of the Mechanism of Asset Return in Corruption as an Effort to Recovery of State Losses

The criminal act of corruption is one part of a special crime, in addition to having certain specifications that are different from general crimes, namely with deviations from formal criminal law or procedural law. Corruption cases in this country still occur as if dominating crimes in Indonesia. This research is a descriptive analytical research, namely a study that presents phenomena or symptoms and actual circumstances about the mechanism of financial returns and / or state assets resulting from criminal acts of corruption. Law Number 20 of 2001 concerning the criminal act of corruption which in Article 18 is explained related to additional crimes as one of the efforts to recover State finances, Law Number 7 of 2006 concerning the Ratification of the United Nations Convention Against Corruption 2003 (United Nations Convention Against Corruption 2003) which explains that the seizure of assets of perpetrators of corruption crimes can be carried out through criminal and civil channels, Another regulation is Law Number 1 of 2006 concerning mutual assistance in criminal matters which is the legal basis for the Indonesian government in requesting and/or providing mutual assistance as well as a guideline for making agreements in criminal matters with Foreign Countries. In this case, the return of assets in corruption crimes can be carried out through several channels/instruments, including through criminal, civil and administrative channels.

ASSET RECOVERY POLICY IN THE DRAFT OF THE ASSET FORFEITURE BILL IN CORRUPTION CASES

The criminal act of corruption, defined as the abuse of power for personal gain, is essentially a matter of social injustice. Corruption is considered an extraordinary crime because it is carried out in a systematic way, and the impact caused might adversely affect the economic life and national development. For this reason, handling cases of corruption requires extensive legal actions and extraordinary measures. The Corruption Eradication Law of the Republic of Indonesia regulates the process of returning assets resulting from corruption through civil and criminal channels, but asset returns in corruption cases are still considered to be not effective, as it takes long to pass a court decision. Taking into account the duration of asset seizure in the case of the criminal act of corruption, the idea emerged that asset seizure can be carried out before a court decision is passed, notably by way of applying the Asset Forfeiture Bill to raise the return on state financial losses. Thus, a breakthrough is needed to accelerate the discussion process concerning the Asset Forfeiture Bill which has gone through a long process of ratification since it was initiated in early 2010 and introduced into National Legislation Program (Prolegnas) 2023, so that it could be promptly discussed and passed by the Government and Parliament. This research is a legal study, which implies the analysis of laws and regulations, based on dogmatics, legal theory, and legal philosophy. The purpose of this article is to examine the provisions of Article 18 Para (1), (2), and (3) of the Law on the Eradication of Criminal Acts of Corruption No.31 (1999). Meanwhile, asset seizure through the civil route approach is also regulated in the provisions of Article 32 Para (1), Article 33, Article 34, and Article 38(C) of the Law No.31 (1999) with amendmends in Law No.20 (2001) on the Eradication of Criminal Acts of Corruption. The Asset Forfeiture Bill should be discussed and passed by the Government and Parliament as soon as possible, so that the return of state financial losses in cases of criminal acts of corruption could be enhanced.

Implementation of Law Enforcement of Hand-Catching Operations (OTT) in Law Number 19 of 2019

Corruption has emerged as one of Indonesia's most talked-about issues as a result of the debate over amendments to the KPK Law and the choice of a new institution's chairman, both of which prompted a surge of protests in the public sphere. The KPK Law's alteration appears to disregard public expectations, and it is thought that as a result of the amendment, the effectiveness of the agencies responsible for fighting corruption will be diminished. This study aims to assess the impact of Law Number 19 of 2019 regarding the KPK on eliminating corruption cases in Indonesia as well as any challenges that have appeared after the newest KPK Law's enactment. The research methodology employed in this study is empirical legal research. According to the study's findings, wiretapping, asset seizure, and search warrant authority were initially under the control of the Corruption Eradication Commission (KPK). The KPK might make arrests right away following a command from the leadership. A supervisory board's approval is required now that Law 19/2019 has been passed. The Supervisory Board is prohibited from acting as a vergunningsorgaan or licensor in accordance with Article 37B, paragraph 1 letter b of Law Number 19 of 2019, which states: "Giving permission or not giving permission to wiretapping, searching, and/or seizing" implies the Supervisory Board's discretion.

Suspending the Debtor’s Imprisonment in Light of Corona Pandemic: A Study in the Light of the Provisions of Jordanian Legislation and Islamic Sharia

Objectives: The research aims to reconsider the legality of the debtor's imprisonment between the Jordanian legislation and Islamic jurisprudence as a result of stopping the debtor's imprisonment and freezing his criminal prosecution under defense order no. (28/2021) in the event of a debt maturity or writing checks that are not offset by a balance, in order to control the epidemiological situation and take into account the economic conditions associated with COVID-19. Methods: The study adhered to both the descriptive and analytical approaches by reading the defense orders and the pertinent documents, analyzing them, and comparing the rules of positive law and Islamic Sharia. Results: The study found that the current guarantees relating to the seizure of the debtor's assets and barring him from traveling are ineffective at enforcing the creditor's rights, which highlights the need to create new guarantees that are more effective and find new ways to settle disputes between the parties to the debt. It also emphasizes the need to keep the detention procedure in place as an effective way of applying moral pressure to the debtor to repay the debt. Conclusions: The research recommended the need to exploit modern technology and techniques in (preventive protection) through credit disclosure of the status of customers before granting them the debt, and in (post-protection) by finding alternatives to imprisonment due to the inability to implement it currently, such as the application of the electronic bracelet system, which is followed by obligating the debtor to perform work under remote security monitoring.

Constancy of the property rights and the seizure of assets and corporate rights of russian companies: legal regulation in Ukraine and the experience of EU countries

In the process of modern state-building processes, the European integration of Ukraine, as well as negative phenomena unfolding as a result of Russia’s armed aggression, the right to property, as one of the fundamental constitutional rights, is subject to restrictions and transformation. Constitutional scholars agree on the priority of improving the system of guaranteeing the inviolability of property rights, taking into account the balance of national interests. The article analyses the legal novelty of the seizure of assets and corporate rights of Russian companies and natural persons in Ukraine through the prism of the institute of the property rights in national law and the system of international human rights law. The general shortcomings of the existing legal construction are examined, as well as the existing practice of its application as a practical measure.
 The purpose of the research is to clarify the content of the guarantee (principle) of the inviolability of property rights, as they are enshrined in the Basic Laws of Ukraine, Poland and Germany. The methodological basis of the research consists of general and special legal methods of scientific knowledge, namely: system-structural method, comparison method and logical-legal method. The results. The article analyzes the constitutional guarantees of the inviolability of property rights on the example of Ukraine and EU countries. It was established that the provisions of the Basic Laws, which establish standards in the field of property rights, have a heterogeneous and unsystematized presentation. The structure of “seizure” of corporate rights is compared with the criminal seizure of property and the civil construction of alienation of property rights. Based on the practice of the European countries and USA in the potential seizure of assets of Russian oligarchs, it is proposed to replace the existing mechanism, with the criminalization of the violation of the sanction regime imposed on Russian assets within Ukraine, with simultaneous introduction of the institution of urgent use of property for socially significant purposes, which will allow it to be used today, in order to ensure the use of the property for public purposes, and will confirm the determination of the Ukrainian people in the course of building a European, legal state, which comply with fundamental human rights, is determined to the principle of rule of law, legality, and will ensure its contribution in increasing the country’s image and investment attractiveness.