Field Of Criminal Law Research Articles

사자(死者)의 점유(占有)’에 대한 새로운 접근법

This paper introduces the domestic discussion of “ownership” or “occupation” of Kant, which is considered to be a meaningful review in the field of criminal law, especially in relation to “occupation” of criminals in each theory of criminal law. I hope that this study will be a meaningful suggestion for reference in re-evaluating the issue of recognition of possession by the deceased or the criteria for judging the commencement of occupation by heirs, which the Supreme Court precedent is concerned about.
 I think it is also necessary for practical law that philosophy of law, judicial history, or comparative law perspectives continue to be presented in relation to important issues of law. The subject of deceased's possession covered in this paper was also logically unconvincing to say that his possession was terminated because the victim died when he committed murder to steal goods, and to solve this problem, the precedent devised the deceased's survival possession to fill the gap. However, even in this case, the attempt to introduce 'legal philosophy, judicial history, and comparative law' thinking beyond the legal logic level is the way to revive legal philosophy, judicial history, and comparative law.

Criminal liability for violation of the abortion procedure: comparative legal aspect

The research paper is devoted to the coverage of some pressing issues of the criminal law response to illegal abortion from the standpoint of applying the comparative research method. In particular, it has been shown that at the current stage of the development of Ukrainian law, the comparative legal method acquires a special meaning and practical significance, especially in the context of the analysis of issues of the Special Part of the Criminal Law.
 Positions of domestic and foreign authors who defend the position that comparative jurisprudence, in addition to the performance of purely scientific tasks, is aimed at achieving specific practical results, in particular: 1) unification of legislation, i.e. promotion of unification of legislation of different countries in priority areas - where there is a need for a consolidated approach, particularly in the field of criminal law; 2) improvement of national legal systems - this is about developing proposals for improving national legal systems based on a critical and comprehensive study of the positive legal experience of other countries.
 According to the results of the author's study of the relevant provisions of foreign legislation, there is a lack of a clearly defined and unified approach to the legal regulation of artificial termination of pregnancy. It was established that in some countries abortions may be allowed, in others they are allowed only under certain circumstances, while in others they are prohibited altogether. The thesis is expressed that the difference in approaches to the legal regulation of artificial termination of pregnancy is also reflected in different approaches to the criminal-legal protection of the rights of a pregnant woman, in particular the right to life, health, freedom and other aspects related to the performance of abortions.
 Based on the research results, the author's conclusion was formulated that in order to improve the mechanism of criminal law regulation of a woman's right to abortion in Ukraine, it is scientifically and practically required to take into account the relevant experience of the countries of the European Union, primarily the Republic of Poland and the Federal Republic of Germany - this will contribute to adequate transformation and improvement of domestic legislation in the context of active European integration.

Некоторые проблемы реализации обстоятельств, исключающих преступность деяния

Introduction. The article focuses on the problems of implementation of circumstances excluding the criminality of an act. The authors make an attempt to establish some mistakes in the application of criminal and criminal procedure laws in the sphere of the institute of circumstances excluding the criminality of an act in Mongolia. The relevance and significance of the development of the institute of circumstances excluding criminality of an act both in the criminal law theory and in law enforcement activity is proved. Some problems of development of the institute of circumstances excluding criminality of an act are analysed, as well as some areas of their solution are determined. Other problems of application of the norm on encroachment committed for the purpose of detention and suppression are also investigated, as this norm and the institute of circumstances excluding criminality of acts are the most important issues of criminal law theory. Law enforcement officers are more likely to become subjects of an offence while performing their duties, as the failure to apply the norms relating to circumstances excluding the criminality of an act often leads to an unlawful result. In this regard, there is a need to strengthen the application of these norms in legal practice and carry out theoretical research in the field of criminal law.
 Research methods: Using systematic and formal-legal methods, the norm on circumstances excluding the criminality of an act regulating discharge was investigated. By means of specific-sociological and statistical methods, data on crimes related to unlawful acts against the public authorities of Mongolia were obtained and analysed, as well as the results of surveys conducted among law enforcement officers. The results enable us to identify problems in this area.
 Results. In the process of analysing the circumstances excluding the criminality of an act, the authors came to the following conclusions.
 Cases of refraining from the use of special means and physical force by police officers who are afraid of being accused of abusing their power are quite common. As a result, a criminal has the opportunity to resist a police officer and to avoid being detained or to comply with lawful demands of a police officer.
 Despite the legality of their actions, law enforcement officers often act with a lack of confidence because of the probability that they are likely to be punished for carrying out their duties. In practice, police officers are often blamed instead of being properly assessed for the legality of their actions: when they arrest or are resisted making it.
 Coming into force article 4.2 of the Criminal Code of Mongolia, which protects law enforcement officers from such consequences, has become an important legal support of law enforcement officers in fulfillment their crime fighting duties.
 Although the law in the new Criminal Procedure Code of Mongolia provides for “circumstances excluding the criminality of an act” as one of the grounds for the closure of a criminal case, the implementation of this ground is a matter of doubt, and the legal nature of its implementation should be improved in practice.

До поняття посткримінальної поведінки правопорушника, що вчинив кримінальне протиправне діяння

Abstract. The article focuses on the fact that the sphere of behavior of a person, which today is regulated by the legislation of Ukraine on criminal liability, and which in connection with this becomes the object of an official assessment, is actually much wider than criminally punishable acts, and primarily, it concerns legally significant treatment of a person after committing a criminal offense. Such behavior is called "post-criminal", "post-criminal" or "post-criminal". At the same time, it is noted that, taking into account the changes introduced by the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Simplifying Pretrial Investigation of Certain Categories of Criminal Offenses" dated November 22, 2018 No. 2617 VIII (entered into force on July 1, 2020), the use of phrases "post-criminal behavior" or "post-criminal behavior" is inappropriate and incorrect. Therefore, the updated classification of criminally punishable acts and the introduction of the concept of "criminal offense" allows the use of the concept of "post-criminal". Based on the analysis of the work of leading scientists in the field of criminal law, as well as evaluating the legal construction of post-criminal behavior, taking into account the linguistic analysis of the content of the concept, it was established that post-criminal behavior can be defined as a legally significant action or inaction (more often a combination of them) of a person after committing a criminal offense offense and until the time of repayment (removal) of the criminal record or the occurrence of other legally significant consequences, which indicate the termination of criminal-legal relations and are caused by such behavior (release of a person from criminal responsibility, release from punishment, etc.).

The quality of legislative activity and its impact on criminal law policy

Purpose. The purpose of the work is to analyze the impact of legislative activities of the Verkhovna Rada of Ukraine on the further implementation of the criminal law policy. To determine the current state of compliance by people’s deputies with the requirements of the legislative technique in the field of criminal law of Ukraine. The basis of such an analysis is the draft law amending the Criminal Code of Ukraine officially posted on the website of the parliament. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. During the study, the following methods of scientific knowledge were used: terminological, systemic-structural, comparative-legal, and the method of analysis (when analyzing and comparing existing legislative material with draft laws). Results: In the process of research, it was recognized that the issue of the responsibility of people’s deputies for their work in the field of criminal law (and not only) requires further research and improvement of legal regulation. Originality. In the process of research, it was established that legislative work in the field of criminal law (an element of law-making, as a form of implementation of criminal law policy), as a prerequisite for proper law enforcement (as another form of implementation of criminal law policy), needs improvement. Its implementation at this stage of improvement of criminal law regulation is actually critical. Practical significance. The results of the research can be used in law-making activities to develop the necessary changes to the current criminal legislation of Ukraine, as well as to continue further theoretical research in this area.

Minority, cause of general differences in the application of criminal treatment

This article deals with the particular aspects regarding the criminal treatment that applies to a special category of offenders, namely the category of juvenile offenders.
 Beyond any attempt by society to involve in educating man from the earliest age, his antisocial manifestation is a reality of contemporary society and society in general, since ancient times.
 An unexpected violence on the part of a child, seemingly harmless, always produces a surprise effect, often associated with some form of misunderstanding on the part of the child of what he has manifested.
 To the child, the adult associates an image of purity and innocence.
 Unfortunately, at the level of objective reality, things are not always like that, so an important segment among children, minors, is drawn into a complex and extremely harmful phenomenon for society, the criminal phenomenon.
 Although part of the general criminal phenomenon, the criminality of minors raises some special problems within the penal legislation, completely different from those concerning the criminality of adults. This aspect is determined by the special quality of the criminal, that of a child, a minor.
 In this article, we will address the particular aspect of the quality of a minor in order to observe that minors benefit from a distinct criminal treatment compared to adults, when they intentionally or accidentally enter what is called the field of criminal law.

Vspominaya izvestnyh uchenyh-pravovedov…

The article names the most famous scientists in the field of criminal law and criminology, penal enforcement law, whose 90th and 100th anniversaries were celebrated in 2022 and 2023. The new young generation of lawyers should remember their names, and this is possible only if the organizations (educational, scientific) in which they worked will honor their memory and tell young people about their contribution to science.

The Crime of Corruption Codified in Law Number 1 of 2023

Objective: This research aims to analyze changes in criminal law, particularly in the context of corruption, within the new Criminal Code in Indonesia. It explores the reasons behind the rejection of certain provisions in the new Criminal Code, especially those related to the punishment for corruption offenses. Theoretical Framework: The theoretical framework of this research is rooted in the field of criminal law and legal reform. It considers the evolution of criminal law in response to societal needs and expectations. The study also examines the principle of proportionality in criminal sentencing, particularly concerning corruption offenses. Method: This research adopts a normative legal research approach, relying on an analysis of existing legal texts and previous studies related to criminal law in Indonesia. The primary data sources include statutory laws in Indonesia, while secondary data sources consist of scholarly works and legal analyses. Result and Conclusion: The findings of this research reveal that the rejection of the new Criminal Code is primarily due to the removal of specific articles related to corruption. In the new Code, corruption offenses are no longer categorized as extraordinary crimes but are treated as ordinary offenses, akin to theft. This shift has implications for law enforcement authorities, such as the police, the prosecutor's office, and the Corruption Eradication Commission, as it blurs the lines of their jurisdiction and responsibilities in addressing corruption. Originality/Value: This research contributes to the understanding of the legal changes brought about by the new Criminal Code in Indonesia, with a specific focus on corruption offenses. It highlights the concerns and implications of categorizing corruption as an ordinary offense, potentially impacting the effectiveness of anti-corruption efforts. The study's value lies in its ability to inform policymakers, legal practitioners, and scholars about the complexities surrounding criminal law reform and its consequences in the context of corruption.

The Institute of Reconciliation in Russian Law of the XI-XVI Centuries

The object of the study is pre-trial and judicial conciliation procedures in conflicts between subjects of Russian monarchs. The subject of the study is the legal norms regulating these procedures, their genesis and development since the formation of the Old Russian state, contained in the legislation of individual principalities and the Moscow State. The need to write this article is caused both by the general vector of development of the science of the history of state and law of Russia, and by not quite correct ideas about the history of the institute of reconciliation among domestic researchers, especially specialists in the field of criminal law and procedure. The purpose of this work is to restore the scientific nature of the study of the genesis of the institute of reconciliation in Russian law. Particular attention is paid to the involvement of judicial practice illustrating the widespread use of conciliation procedures, including in the commission of serious crimes. Comparative legal analysis allowed us to show the development of the institution, the persistent desire of the legislator to reconcile the parties, including in the commission of serious crimes that caused significant property damage. The conducted research allowed us to conclude that reconciliation between the conflicting parties, carried out since ancient times according to custom, has already been legally regulated in the Moscow Kingdom in three directions: 1) in a pre-trial order; 2) after applying to the court, but before the start of the consideration and 3) after the verdict, before the judicial duel.

Analysis of the Objective Elements of the Crime of Collecting Illegal Debts

In order to effectively regulate the repeated violent and soft-violence collection of loansharks, gambling debts and other illegal debts in social life, Amendment (XI) to the Criminal Law establishes the crime of collecting illegal debts. The establishment of this crime not only makes up for the legislative gap of "soft violence" debt collection in the field of criminal law, but also provides a solid legal support for actively combating the violent collection of illegal debts in future judicial practice, and reasonably differentiating the application of the crime. In this paper, in the context of the legislation of the crime of collecting illegal debts, combined with the judgment published on the China Judgement and Documentation Network which has been applied to the crime of collecting illegal debts, the crime of collecting illegal debts in the judicial practice of the problems and theoretical controversial part of the problem is studied. It mainly analyzes the terms "illegal debt" and "act of collection" in the crime of collecting illegal debts.

Formation and development of the Bosporus kingdom: separate historical and legal aspects

The article talks about the Bosporus kingdom as one of the states that managed to avoid annexation by Rome and preserved its autonomy for several centuries. This state was located in the Eastern Crimea and in the western part of the Taman Peninsula. Its capital was Panticapei (modern Kerch), which in ancient times was surrounded by nomadic (mainly Scythian and Sarmatian) peoples.
 It has been established that the Archeanactid dynasty ruled here at first, and from 438 to 109 B.C. - Spartokids dynasty. It was during the reign of Satyr I, Leukon I, Perisades I, Eumela I in the 4th century B.C. the Bosporus kingdom with its center in Panticapei reached its greatest power, an authoritarian system of government developed, and therefore, Bosporus came to be considered a kingdom with a monarchical form of government.
 The author analyzed the legal system of the Bosporus kingdom. It was found that the main sources of law were: the legislative activity of the kings of Bosporus, the rights of the Greek city-polises that were part of the Bosporus kingdom, and the customs of local tribes. Norms of civil law protected the interests of slave owners. Two main forms of ownership were defined: state and private. Land, slaves, cattle and movable property were owned. The main types of contracts were: purchase and sale, mine, loan and donation.
 The author also characterized the complex nature of marital and family relations. Agreements on the future marriage were usually concluded by the decision of the parents. A legal marriage resulted from an eggiesia, a formal private agreement between the head of the bride’s family, on the one hand, and the groom or his father, on the other.
 In the field of criminal law, the author established that the main types of crimes were: crimes against the state, against the community, and against a specific private person. However, the most serious crimes were often called adikia - a sin before the gods. The damage could be physical, moral or material.

Scientific creativity of an outstanding Russian jurist M. N. Gernet and his role in developing criminal legal sciences and criminology in the pre-revolutionary period

Objective: to comprehensively study the results of the work of an outstanding Russian jurist and scientist, ProfessorN. Gernet, and his role in the formation and improvement of the criminal-legal and criminological science in prerevolutionary jurisprudence.Methods: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical, comparative-legal, and sociological.Results: it is proved that, being the author of serious scientific developments in the field of criminal law and fundamental criminological research printed in pre-revolutionary Russia, M. N. Gernet laid the foundation for the further formation of criminological doctrine, which later became a sub-branch of criminal law science, thus significantly influencing the formation of the humanistic principle in the Russian criminal-legal theory. Analysis of M. N. Gernet’s works allows the author to assert that they identify many shortcomings in fighting crime by solely criminal-repressive methods, and also to show the negative phenomena in the field of assigning criminal penalties, which were created by the judicial practice in force at that time, which used various means to intimidate the population.Scientific novelty: the author’s approach to the analysis of the pre-revolutionary scientific heritage of Professor M. N. Gernet, as well as individual scientific works of his students and followers, allowed the author to conduct a comprehensive scientific study of the life, activities, scientific creativity of the greatest Russian jurist and scientist, Professor M. N. Gernet, as well as his role in the formation and development of criminal law and criminological science in pre-revolutionary jurisprudence.significance: the author’s conclusions proposed in this study can act as a theoretical basis in conducting new research concerning the results of scientific creativity of the Russian jurists developing various scientific criminal law and criminological areas of jurisprudence.

(Un-)rape and involuntary manslaughter as examples of aberration of legal information in criminal law in Ukraine

The article examines the phenomenon of aberration (distortion of the content) of regulatory and legal information in the field of criminal law on the example of certain basic elements of criminal offences (Part 1 of Article 152 “Rape”, Article 119 “Manslaughter by negligence” of the Criminal Code of Ukraine), as well as certain wording, in particular, the use of perfect and imperfect verbs, focusing on related activities instead of a certain activity, etc. The author proves that the aberration significantly distorts the meaning of certain criminal law prohibitions, which grossly violates the principle of legal certainty as an integral part of the rule of law. To improve the current wording of Part 1 of Article 152 of the Criminal Code of Ukraine, which does not define rape as penetration, nor as an act aimed at penetration, but only an act related to penetration, it is proposed to set out its disposition in the following wording: “Committing vaginal, anal or oral penetration into the body of another person using any part of the body or object without the voluntary consent of the victim, or penetration into the body of any person by the genitals of a man without the voluntary consent of the latter (rape)”. The article substantiates in the relevant articles of the Special Part of the Criminal Code of Ukraine, in particular, part 2 of Article 150-1, part 1 of Article 238, part 2 of Article 296, part 3 of Article 314, part 5 of Article 321, part 4 of Article 321-1, part 2 of Article 353, part 1 of Article 365-2, Article 377, part 1 of Article 378, Article 379, Articles 398, 400, 434 of the Criminal Code of Ukraine, etc., the focus should be on a certain activity, but not on any other activity (tangential, adjacent, auxiliary, service, etc.). To improve the current wording of Article 119 of the Criminal Code of Ukraine, which provides for liability for “murder committed through negligence”, i.e., in fact, for intentional unlawful infliction of death to another person committed through negligence”, the following alternative options are proposed 1) toinclude an indication of the form of guilt beyond the direct definition of murder in part 1 of Article 115 ofthe Criminal Code of Ukraine, or 2) to replace the wording of the disposition of Article 119 of the Criminal Code of Ukraine from “murder committed through negligence” to “unlawful infliction of death to another person committed through negligence”. The previous proposal to replace certain imperfect verbs in the articles of the Special Part of the Criminal Code of Ukraine with perfect verbs, if they retain the status of a criminal offence with a material element, has been improved.

CRIMINAL LIABILITY FOR ORGANIZATION OF A CRIMINAL ASSOCIATION: EXPERIENCE OF FOREIGN COUNTRIES

The article analyzes and dicusses the experience of foreign countries, which established liability for the crime of organizing a criminal association as a crime with a nature of terrorism from a scientific and theoretical point of view. The legislative frameworks of foreign countries regarding the organization of criminal associations as well as the opinions of leading experts in the field of criminal law were investigated. In the article, recommendations and proposals for improving the standards of criminal law that define liability for the crime of organizing criminal association have been developed based on the examination of foreign experience.

Victim’s Paradigm in European Union Criminal Law

The victim’s legal status and participatory rights in criminal proceedings vary among the European Union member states, which can potentially hinder the harmonisation of the field of criminal law. The aim of this article is to reveal the main features that determine the victim’s paradigm in European Union criminal law by focusing on the rights which the member states are obliged to guarantee in their criminal justice systems. Considering that criminal proceedings must result in a fair balance of interests of the parties involved, this article concludes that, in the victim’s paradigm enshrined in the European Union legal acts concerning the area of criminal law, the victim must be endowed with certain procedural rights, however, for that very reason, as an actor of the criminal justice system, the victim might be required to participate in the proceedings.

Management of gross negligence manslaughter liability construction for professionals and lessons learned

PurposeBy inspecting the special connection between negligence and the causes of negligence, this study evaluates the reasonableness of negligence offenses elements from the perspectives of “modes” and “rules.” This study considers that in the core concept of negligent manslaughter in the Criminal Code of Taiwan, “business” comprises an outstretched legal element; thus, “application by analogy” or “customary laws” should be prohibited as a legal basis or when applying the criminal code because those are not allowed under nulla poena sine lege. Nulla poena sine lege must be respected to release construction professionals from material risks in their judicial rights and interests.Design/methodology/approachThis study used data mining analysis with a database of 204 cases where construction professionals were involved in an accusation of gross negligence manslaughter (GNM) (N = 486) between 1995 and 2021 to explore the reasons and distribution of these cases in the construction industry in Taiwan.FindingsThe results showed that the main reasons behind lawful GNM accusations against construction professionals are as follows: (1) the violation of employers' duty of care to prevent hazards caused in workplaces where falling and collapsing are concerns during construction, thus resulting in death; (2) gross negligence during design, construction and supervision, causing damages after natural disasters such as earthquakes and typhoons.Research limitations/implicationsThis study discusses the whole life circle of construction, starting from planning, design, construction and completion. However, the involvement of other offenses such as providing false statements, forgery, embezzlement, unjust enrichment and fraudulent tax evasion or criminal responsibilities stipulated in the Building Act or administrative punishments are beyond the scope of this study. Future studies will focus on foreign “business GNM” cases from judicial precedents with similar backgrounds to Taiwan in the construction industry to verify whether similar conclusions can be drawn and to examine their differences.Practical implicationsThis study applied data mining and data analysis to the data and explored potential causality and patterns of GNM cases in judicial cases. The results of the analyses can be used as evidence for potential causality and thus facilitate construction professionals' self-reflection and contribute to the sustainable development of working environments for construction.Social implicationsThis study agrees with the removal of GNM titled “business” in the Criminal Code of Taiwan to achieve Sustainable Development Goals (SDGs) in the building industry. By doing so, national judicial and management systems will be in line with international standards, ensuring that everyone has equal access to justice.Originality/valueGoal 16 of the SDGs by the United Nations aims to promote judicial equality, peace, justice and strong institutions. With this basis, this study collected and analyzed data in the field of criminal law and applied the theory of criminal offenses committed by negligence to real construction-related cases. This study especially discusses whether construction professionals were imposed with excessive responsibilities when a court enforced the “duty of care” that asked the professionals to bear the responsibility of results for events that should be and could be foreseen.

The increasing power of the European Union in the field of criminal law and the consequences for the national law of the Member States

The increasing power of the European Union in the field of criminal law and the consequences for the national law of the Member StatesKeywords: criminal law, European Union, EU primary law, EU secondary law, EAW, EIO.In the following pages, the author gives a brief explanation of what does it mean European criminal law and which parts of criminal law are actually affected by the EU. Possible future development is assessed in the last part ofthe article. The article aims to present a brief history of European criminal law, that helps us understand why the EU criminal law has its main features and why the specific areas are affected. The specification of rules and areasdirectly affected by European criminal law explains the EU’s influence and its interest in involvement in particular social relations and also in criminal law which developed into the increasing importance of EU criminal law in lastyears. The article uncovered and explained the positive elements of EU criminal law and envisaged the future deeper harmonisation in the field of criminal law which the author thinks is a natural development of the EU integration,which started more than 70 years ago

The Pluralism of Indonesian Criminal Law: Implications and Orientations in the Post-New Criminal Code

Introduction: The ratification of the New Criminal Code actually has an orientation towards strengthening legal pluralism in the field of criminal law. This is evidenced by the adoption of customary criminal law as a recognized law in addition to national criminal law.Purposes of the Research: This study aims to analyze the implications of the formulation of Article 2 of the New Criminal Code concerning the practice of Indonesian criminal law pluralism and the future orientation of the formulation of Article 2 of the New Criminal Code to strengthen the pluralism of Indonesian criminal law.Methods of the Research: This research is a normative legal research that uses a concept and statutory approach.Results of the Research: The study results show that the legal implications of formulating guarantees for the enforceability of laws that live in society affirm the existence of customary criminal law as a living law in society, thereby affirming the essence of legal pluralism. The future orientation of Indonesian criminal law pluralism after the enactment of the New Criminal Code is to maintain harmonious relations between the national legal system and the customary law system and to conduct an inventory of existing customary criminal laws. Customary criminal law that still exists is then regulated specifically in regional regulations in each region so that judges can then use it as a reference in deciding a criminal case that has a legal essence that lives in society.

Judicial Practice of the Republic of Moldova in the Sphere of Illicit Trafficking in Narcotic Drugs, Psychotropic Substances and their Analogies

The topicality of the subject is terminated by the fact that in recent years the illicit trafficking of narcotic drugs, psychotropic substances and their analogues of concern. The extent is particularly, consumption, the number of those killed by drugs and demoralising on people’s conscience and behaviour. The social alarm born from the unprecedented proliferation of drugs leads to the idea, not at all satisfactory, that the battle strategies adopted against this phenomenon by the Republic of Moldova and foreign countries have proven to be ineffective. Therefore, the primary task of international conventions in the field of control over the circulation of narcotic and psychotropic substances is to ensure the legal needs of health protection by simultaneously counteracting the inclusion of dangerous substances in the illicit circuit and to create a system of administrative regulation regarding the legal use of substances narcotics and establish the measures directed against their illicit use. Because drug use represents one of the challenges facing humanity and worthy of consideration in international cooperation programs in the field of criminal law.

SEIZURE AND CONFISCATION AS AN EFFECTIVE MEANS OF COMBATING TRANSNATIONAL ORGANIZED CRIME∗

Transnational organized crime and the fight against it are big challenges for the world. That is why international cooperation plays an important role in the fight against transnational organized crime. Two types of international cooperation should be distinguished: the cooperation between courts and judicial institutions and international police cooperation. In Georgian legislation, they are sharply separated from each other. The Law of Georgia “On International Cooperation in the Field of Criminal Law” regulates international cooperation between courts and judicial cooperation. The mentioned law is one of the important documents from the point of view of international cooperation. It regulates matters related to the revealing of legal aid in criminal cases, extradition, forwarding of criminal case materials or their duly certified copies, execution of judgments, international cooperation related to confiscation of property, and transfer of persons sentenced to imprisonment. The article will directly discuss confiscation as a mechanism of fighting against transnational organized crime based on the Palermo Convention and the law of Georgia, “On International Cooperation in the Field of Criminal Law”. The norms governing confiscation in the Criminal Code will be discussed, as well as the Civil Code of Georgia, the provisions of which provide the opportunity to file a lawsuit for confiscation of property.