Legal Criteria Research Articles

Legal Individualisation of Criminal Punishments for Drug Trafficking in the Criminal Legislation of the Republic of Moldova

This study addresses the issue of the legal individualisation of criminal punishments for drug trafficking offences provided for in the criminal legislation of the Republic of Moldova. The rationale of the scientific approach lies in the need for a perpetual harmonisation of criminal legislation to the new trends of manifestation of drug trafficking, in order to make the applicable deterrent arsenal more efficient in relation to the various practical situations of committing these crimes. The aim is to re-evaluate the legal criteria for the individualisation of criminal punishments for drug trafficking offences and to assess the degree to which these criteria correspond to the deterrent purpose of the criminal punishments applicable to drug traffickers. Some solutions for a reference law on the harmonization of the punitive regime established for drug trafficking offences in strict accordance with their seriousness were substantiated. Based on the national specificity existing in the Criminal Code of the Republic of Moldova (Republic of Moldova Criminal Code, 2002), it was proposed to create a separate incriminatory framework for trafficking in narcotic substances with narcotic effect, which are new generation drugs not provided for by the 1961 UN Single Convention on Narcotic Drugs (United Nations, 1961) and the 1971 UN Convention on Psychotropic Substances. The ineffectiveness of the quantitative criterion for individualising penalties for trafficking in ethnobotanicals, represented by their quantitative proportions, has also been demonstrated. In this context, the idea of individualisation of criminal punishments for trafficking in ethnobotanicals based on qualitative criteria, which are represented by the risks that these substances pose to the health of consumers, was promoted.

‘If parody does not prickle it does not work’: Reflections on the Interpretive Challenges of Dark Parody in the Dutch and South African Courts

Focusing on the nexus of humour and the right to free speech, this article introduces the concept of ‘dark parody’ to address parodies that reuse existing material with a dark, humorous twist and explores how courts deal with two of the main interpretive challenges presented by a ‘dark parody’: (1) interpreting the distance between the parody and the copyright/trademark protected work it parodies, and (2) its use of dark humour. Using a metahermeneutic approach, the article analyses how the main features of parody, the legal criteria applied to parody in courts of law, and the role of dark humour influence the judicial interpretation process regarding (dark) parody in the context of copyright and trademark law. Based on this analysis, the article proposes the theoretical framework of ‘parodic distance’ to address the interpretive challenges systematically presented by dark parody via six main categories—content, style, context, message, function and affect—from which the distance between a parody and the original can be interpreted. Applying this framework to two case studies [Mercis c.s. v. Punt.nl, Court of Appeal of Amsterdam; Laugh It Off Promotions v. South African Breweries, Constitutional Court of South Africa], the article provides a comparative analysis of how these courts currently deal with interpretive issues surrounding dark humour in copyright and trademark law and shows how the framework of parodic distance can be a potentially useful conceptual tool that provides a shared vocabulary to complement judicial interpretation and legal discourse at the nexus of dark parody and the law.

A RETIRADA DO SOBRENOME PATERNO DEVIDO AO ABANDONO AFETIVO

Affective abandonment in Family Law has sparked debates regarding the possibility of excluding the paternal surname as a symbolic and emotional dissociation. This article aims to analyze the legal feasibility of removing the paternal surname in cases of affective abandonment under Brazilian law. The research is based on a bibliographic review, discussing the concept of affective abandonment, the personality rights involved, and the legal and emotional criteria for changing the civil name. The central question examines whether paternal surname exclusion is possible solely due to affective abandonment, without requiring proof of material harm. The analysis shows that, despite lacking uniform judicial consensus, precedents allow surname removal based on emotional damage. The research concludes that affective abandonment can justify surname removal, considering its impact on dignity and personal identity. However, further studies should explore the legal criteria and inheritance implications of this decision.

A RETIRADA DO SOBRENOME PATERNO DEVIDO AO ABANDONO AFETIVO

Affective abandonment in Family Law has sparked debates regarding the possibility of excluding the paternal surname as a symbolic and emotional dissociation. This article aims to analyze the legal feasibility of removing the paternal surname in cases of affective abandonment under Brazilian law. The research is based on a bibliographic review, discussing the concept of affective abandonment, the personality rights involved, and the legal and emotional criteria for changing the civil name. The central question examines whether paternal surname exclusion is possible solely due to affective abandonment, without requiring proof of material harm. The analysis shows that, despite lacking uniform judicial consensus, precedents allow surname removal based on emotional damage. The research concludes that affective abandonment can justify surname removal, considering its impact on dignity and personal identity. However, further studies should explore the legal criteria and inheritance implications of this decision.

Some Theoretical-Doctrinal Concepts Regarding Human Behavior

Human actions regulated by law are perceived by society according to their social significance, their results, satisfactory or harmful, are monitored and evaluated according to the criterion of legality according to the concordance of the behavioral act with legal values, principles and rules of law. Human behavior for a long time was only the expression of an unknown that science tried to clarify in expressions, definitions and interpretations. Despite the enormous importance of the concept of “behavior” for centuries it has consistently eluded a scientific explanation. But in the end, human behavior remains a difficult subject to analyze, not because it is inaccessible, but because it is extremely complex; it is a process rather than a thing, it is changeable, fluid and evanescent, and for this reason it makes great technical demands on the ingenuity and energy of the scientist.

Coercive Measures in Psychiatry Can Hardly Be Justified in Principle Any Longer-Ethico-Legal Requirements Versus Empirical Research Data and Conceptual Issues.

To review the scientific and empirical evidence that is usually accepted for the ethical and legal justification of coercion in psychiatry. Five key criteria are examined as follows: (1) the demonstrable existence of a mental disorder; (2) the effectiveness of psychiatric measures; (3) the use of coercion as last resort and as least possible restriction; (4) the benefit of the person affected by the coercive measure and (5) the restoration of the affected person's autonomy. (1) The existence of a demarcation between a mentally ill and a mentally healthy state cannot be confirmed; (2) Pharmacological and psychotherapeutic interventions in psychiatry are not even moderately effective; (3) Coercive measures are usually not used as last resort and as least restrictive measure; (4) Most people affected by psychiatric coercion do not benefit from the measures; (5) It is at least unclear whether autonomy is affected by a mental illness and whether it can be restored through a coercive psychiatric measure. None of the central ethical and legal criteria for the use of coercion in psychiatry are clearly and unambiguously fulfilled according to current research. Psychiatric coercion can hardly be justified any longer.

Permasalahan Kriteria Dan Waktu Kerja Pemagangan Berstatus Pelajar (Internship) Dalam Regulasi Ketenagakerjaan Di Indonesia

Problems regarding the exploitation of apprentices with student status in Indonesia still occur frequently, especially in the relationship between employers and apprentices with student status. The purpose of this study is to examine the legal criteria and working hours of Student Apprenticeship (Intership) in Indonesian Labor Regulations. The research uses normative legal research. The results of this study are as follows: First, there is a legal vacuum regarding the criteria for an apprenticeship with Student status (Intership). The criteria for apprenticeship programs regulated in the Labor Law are specifically intended for job training and increased work competency for job seekers who have completed formal studies but are not to reach apprentices who are still students or students. related employment, it does not specifically state how long the working hours are for apprentices but only mentions the duration of the apprenticeship. This means that the determination of working hours is left to each company. The government, with the ministries of manpower and the ministries of education, should coordinate and review regulations related to the implementation of student apprenticeships (Intership) so that they are more effective and provide legal protection for student apprentices. Kata Kunci : kriteria;waktu kerja;Internship;Ketenagakerjaan.

Legal and Economic Conditions for Running a Care Farm: A Polish Case Study

The purpose of this paper is to present the situation of Polish care farms in the context of legal and economic conditions. The need to analyze this topic arises from the current lack of literature that has synthetically addressed the challenges posed by the ageing population in the European Union, including in Poland. The research gap revealed by the authors is especially prominent when it comes to aspects related to the setting up and running of care farms in Poland. Therefore, this paper analyzes the legal forms of establishing a care farm. Next, it discusses the economic aspects of how care farms operate. Based on research materials, especially including those retrieved through the use of the formal dogmatic approach, the authors determined the formal conditions for the setting up and successive running of care farms. The authors have analyzed with the help of formal dogma the forms of running care farms in Poland referring to the current legislation, as well as the position presented in the literature. Also, due to the method used in analyzing the materials collected in this study, the authors have presented their views on how to finance such facilities. Findings from this research confirm that Polish care farms have promising outlooks as they respond to the changing needs of an ageing society. Moreover, as a result of the formal dogmatics method used, it was found that in Poland the most common form of running a care farm is an association. This is because the establishment of an association does not require the fulfillment of many legal criteria as is the case with a sole proprietorship. For this reason, those interested in starting a care farm may opt for the association form.

К вопросу об определении места градостроительного права в системе права России

A relevant and controversial aspect in the modern theory of law in the development of the modern doctrine of the legal system is the question of the intersectoral division of the Russian legal system, the criteria for its construction, as well as the isolation and systematization of legal norms that are complex in nature. The purpose of the article is to establish intersectoral connections, criteria for systematization and the place in the system of Russian law of urban planning norms as a legal community that combines elements of private law and public law influence in the mechanism of legal regulation. A systematic approach and such logical research methods as analysis and synthesis made it possible to determine the place of urban planning norms in the system of Russian law as an independent branch of law with a special mixed type of legal regulation. Scope of application of the results: the main results and conclusions of the study can be used as the basis for the formation of new approaches to building a legal system and criteria for differentiating legal norms. In addition, the recognition of urban planning law as an independent branch of law will significantly facilitate the processes of law enforcement and law-making activities in the urban planning industry. Conclusions: the totality of the subject, method, principles, goals and functions of urban planning norms, forming a special mechanism of legal regulation, indicates the qualitative originality of the regulated sphere of social relations and the isolation of urban planning law as part of the Russian legal system as a branch of law. At the same time, the complex nature of urban planning law by type of legal regulation is due to the interpenetration of private law and public law interests.

When a Patient Is at Foreseeable Risk of Losing Decisional and Functional Capacity.

The four-skills model of decisional capacity for providing informed consent for medical treatment developed by Appelbaum and Grisso is codified into most state statutes in articulating the legal criteria for establishing capacity. Decisional capacity is traditionally determined at a point in time based on a narrow clinical question; however, there are clinical scenarios in which patients may currently have decisional capacity but their recurrent nonadherence to care places them at foreseeable risk of being acutely incapacitated, both decisionally and functionally, in the near future. There is a gap in terms of how these four skills ought to be adapted when applied to a patient with recurrent altered mental status, especially delirium, because of nonadherence. To describe this clinical situation, we introduce a new risk factor, "foreseeable risk of losing decisional and functional capacity," and discuss the clinical evaluation of a patient who currently has capacity but for whom this risk factor applies. We consider the implications of being at foreseeable risk of losing capacity and how foreseeable risk can be translated into a capacity determination in the present. We also describe interventions that can serve to protect the patient's rights and safety.

Screening for Anxiety, Depression and Panic in older adults in a Family Medicine Unit in Sinaloa, Mexico

Introduction: The most prevalent mental disorders in Primary Care are Anxiety, Depression and Panic. These are one of the main causes of health demand in hospital stay services. Objective: to determine the frequency of mental disorders in older adults at the Family Medicine Unit No. 35, Culiacán, Sinaloa, México in the period from March to November 2024. Methods: Descriptive cross-sectional study. Older adults aged 60 to 75 years without a diagnosis of any mental disorder or syndrome were included. Sample of 379 participants. Simple random probabilistic sampling. A socio-demographic data sheet and the PHQ-4 + PHQ-TP scale were used. Descriptive and inferential statistics (Chi square) p ≤0,05 were used, it adhered to ethical and legal criteria. Results: The average age was 65,59 years. 53,3 % were men, 52 % were married, 50,7 % were currently working, 35,1 % had primary education and 76 % lived in urban areas. 34 % had anxiety, 28,2 % depression and 30,6 % panic. A significant relationship was found between anxiety and marital status (χ²=5,814, p=0,05) and schooling (χ²=12,845, p=0,00). Depression was related to schooling (χ²=18,479, p=0,00) and current job (χ²=8,528, p=0,003). Panic was related to sex (χ²=17,688, p=0,00), marital status (χ²=10,935, p=0,004), current job (χ²=6,273, p=0,001) and education (χ²=13,092, p=0,004). Conclusions: Anxiety was the most common mental disorder among older adults, highlighting the need to promote accessible and effective mental health programs that address the particular needs of this age group.

Improvement of the Carrier Delivery Rules in China's Maritime Law from an International Perspective

This paper examines the impact of carrier delivery rules on China's Maritime Law in the context of international maritime cargo transportation. It identifies significant issues such as the imbalance of interests between carriers and consignees, the challenges in carrier identification, and the inconsistencies in the duration of carrier responsibilities. Drawing on international conventions such as the Hague Rules, Hamburg Rules, and Rotterdam Rules, this study provides comprehensive recommendations for refining China's Maritime Law. Key proposals include improving the legal definitions and criteria for carrier identification, harmonizing liability periods for container and non-container cargo, and strengthening the fulfillment of carrier obligations through robust inspection and supervision mechanisms. These improvements aim to align China's Maritime Law with international standards, enhance the efficiency and reliability of maritime transport, and support the sustainable growth of China's maritime industry. The findings underscore the necessity for ongoing legal reforms to maintain China's competitive edge in global maritime trade.

Legal Politic As Counter An Asymmetrical Warfare In The 5 & 6th Generation War

Legal politics as a defense system against asymmetric war is very important. War today is no longer conventional but has entered the 5th and 6th generations in an asymmetric and hybrid manner. This research uses an explanatory qualitative method. The analysis technique uses the soft system method (SSM) to provide structured, comprehensive and sharp analysis. In general, this research will discuss legal political alignments in Indonesia, urgency, mechanisms, and the model/concept of Counter Asymmetric War. Specifically, this research discusses political law as a defense system against asymmetric war in the 5th and 6th generation war era which is considered less comprehensive and non-specific. Then, this research determines 4 ideal criteria for Political Law as a defense system against asymmetric war in the 5th and 6th generation war era, including: defense budget, regulatory effectiveness, modernization of technology & defense equipment, and national defense education. These ideal criteria are used to analyze legal politics as a defense system against asymmetric war. The results of the analysis show that the criteria for political law as a defense system against asymmetric war do not comprehensively cover these 4 ideal criteria. As a recommendation, these 4 ideal criteria can be a refinement of the political legal criteria as a defense system against asymmetric war. So that legal political policy as a defense system against asymmetric war can realize the stability of Indonesia's national defense and security.

Criminalising looting in wartime: International and national experiences

The relevance of this research topic is conditioned by the increasing number of cases of looting during armed conflicts, which requires the improvement of legal mechanisms for criminalising this act. Even though looting is recognised as a war crime at the international level, there are significant differences in approaches to its criminalisation and the determination of liability for such acts in national legal systems. This creates the risk of ambiguous interpretation of legal norms in judicial practice and complicates the administration of justice. The purpose of this study was to analyse the global and national experiences with the criminalisation of looting during armed conflicts, using the cases of Bosnia and Herzegovina, Sierra Leone, and Ukraine, as well as to formulate recommendations for improving Ukraine’s national legislation in this area. The study employed the methods of comparative legal analysis, formal legal analysis, and case law analysis. The study compared the criminal law provisions and approaches of different countries to the prosecution of pillage, specifically the concepts of “military necessity” and “spoils of war”. The findings of the study showed that the absence of clear legal definitions and criteria for assessing “military necessity” and “gravity of the violation” complicates prosecution for this crime and creates risks of abuse. The study revealed major differences in approaches to the criminalisation of looting, particularly in determining the scope and conditions of liability. The practical value of this study lies in its recommendations for harmonising Ukrainian legislation with international standards. It was suggested that a separate law be drafted to define the mechanisms for criminalising looting during armed conflicts, to establish clear criteria for assessing military necessity, and to unify approaches to judicial practice. This will help to increase the effectiveness of investigations and prosecutions of this type of war crime and strengthen Ukraine’s legal framework in armed conflict

The principle of proportionality of measures to enforce decisions and the volume of claims under decisions in enforcement proceedings

The article is devoted to the peculiarities of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings. It is determined that the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions in enforcement proceedings finds its manifestation in a number of provisions of legislation. The article cites these provisions of the legislation on enforcement proceedings and analyzes them. It is pointed out that the essence of the principle of proportionality of measures of compulsory execution of decisions and the volume of claims on decisions is always associated with the need to ensure and respect the rights of the debtor. However, in the author’s opinion, this principle should also reflect another important aspect of enforcement proceedings – sufficiency of enforcement measures for the actual execution of the decision. This side should also be enshrined in the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims under the decisions. It is concluded that the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions should not be considered narrowly enough. Scientific positions concerning the legal regulation of the principle of proportionality of measures of forced execution of decisions and the volume of claims under decisions are studied. The opinion is supported that in the legislation on enforcement proceedings it is necessary to formulate a separate article devoted to the content of the principle of proportionality of measures of forced execution of decisions and the volume of claims on decisions. Separate aspects of determining the criteria of proportionality of measures of compulsory execution of decisions and the volume of claims under decisions and judicial practice have been studied. On the basis of the analysis it is concluded that an important general criterion of proportionality of measures of forced execution of decisions and the volume of claims on decisions is the criterion of legality of the executor’s actions developed by the judicial practice of the Supreme Court. The criterion of proportionality should be the focus of the executor’s actions to ensure the fulfillment of the final court decision.

Effect of Supplier Appraisal on Performance of Construction Projects of Counties in Lake Region Economic Bloc, Kenya

Procurement Laws and Regulations 2015 are a yard stick that directs how buying of goods, services, and works by governments and state-owned businesses should be conducted (Thiankolu, 2019). However, there exists an absence of compliance to these laws as envisaged by its framers which results to bias and uncompetitive bidding, evaluation and award of contracts process something that compromises the effectiveness of the project's accomplishment (Kagume & Wamalwa, 2018). The primary objective relating to this research entailed investigating the effect of supplier appraisal on performance of construction projects of counties in Lake Region Economic Bloc, Kenya. The study adopted a descriptive research design with stratified random sampling technique being applied to select a sample of 342 respondents from a total population of 2346 county officials that include finance and procurement officers. A survey instrument was utilized for gathering data, using questions that were both open and closed-ended. The survey instrument was piloted in Marsabit County. It was conducted to ensure that the instrument is both valid and reliable. SPSS was used to perform analysis of data. Supplier appraisal was established to have a positive and significant correlation on the performance of counties in Lake Region Economic Bloc with a co-efficient of correlation R value of 0.816 and P<0.05. Supplier appraisal with a coefficient of determination (R2=0.700, P<0.05) could account for 70% of variation in the performance of construction projects if other factors were to be held constant. Specifically, when Supplier appraisal increases by a single unit, there will be a subsequent increase in performance of construction projects by 0.885 units (β1=0.885, P<0.05). This suggests a positive and strong correlation between supplier appraisal and performance of construction projects and thus the study suggests that evaluating suppliers using technical, financial, and legal criteria might help construction projects succeed in Kenya's Lake Region Economic Bloc.

Justice as a requirement for the effectiveness of law-enforcement acts

The article is devoted to the study of the peculiarities of the understanding of the category «justice» in the context of understanding the latter as a requirement for the effectiveness of law enforcement acts. It has been established that justice at the level of legislation literally permeates the basic Ukrainian legislation. This concerns, first of all, numerous regulatory legal acts of a constitutional nature and basic codifications in various branches of the legal system. The principles of justice are enshrined in the current legislation of Ukraine, in particular in the following legislative acts: Civil Procedure Code of Ukraine, Economic Code of Ukraine, Criminal Code of Ukraine, Criminal Executive Code of Ukraine, etc. In practice, the Constitutional Court of Ukraine implements the principle of justice in its decisions. It is proven that the requirements of justice cannot be absorbed by the concepts of good faith and reasonableness, but have an independent meaning. It is impossible to agree with the fact that the requirements of justice of a law-enforcement act exist in a «hidden form», because its concept and content can be defined by a specific term. A decision that violates the principles of good faith and reasonableness cannot be recognized as fair. At the same time, a good faith and reasonable decision may theoretically contradict the principle of justice. It was concluded that justice as a requirement for the effectiveness of law-enforcement acts must be perceived in a broad sense - in relation to the entire process of establishing facts, their research, qualification and, ultimately, the law­enforcement act itself. This makes it possible to follow the influence of all stages of law enforcement activities on the adoption of fair law enforcement acts, to evaluate their effectiveness, based on the fact that such decisions acquire not only legal, but also moral force. The legal criteria for the fairness of a law-enforcement act are: the fairness of the law itself (as a general criterion) and the fairness of the normative legal acts that were used during the adoption of the law-enforcement act (as a direct criterion). The justice of a law-enforcement act depends not only on its legality and reasonableness, but also on its compliance with the principles of social justice and moral norms.

КРИТЕРИЙ ОБОСНОВАННОСТИ ПРИ ПРИМЕНЕНИИ УСМОТРЕНИЯ В РАМКАХ ДЕЯТЕЛЬНОСТИ АДМИНИСТРАЦИИ ИСПРАВИТЕЛЬНОГО УЧРЕЖДЕНИЯ

The article examines the criterion of validity and its correlation with the criteria of legality, motivation in the application of discretion within the framework of the administration of a correctional institution. The author concludes that the situation in which the discretion of the correctional institution administration is applied should be fully investigated, and its signs (elements) should be set out in the relevant act. At the same time, negative changes within the framework of discretion should be particularly justified, that is, when a person's situation worsens and his rights are limited, there should always be good reasons. In order to comply with the criterion of validity of the decision, specially authorized persons may be involved, including situationally organized disciplinary commissions, which is necessary to form a more objective opinion on each specific situation.

P-337 Ready for polygenic risk scores? An analysis of regulation of preimplantation genetic testing in seven European countries

Abstract Study question Would the different regulatory approaches for preimplantation genetic testing (PGT) in Europe permit the implementation of preimplantation genetic testing using polygenic risk scores (PGT-P)? Summary answer While the regulatory approaches for PGT differ between countries, the latitude for potential implementation of PGT-P seems limited in all three regulatory models. What is known already PGT allows for the testing of embryos for hereditary genetic disorders and chromosome abnormalities before implantation. Application of PGT has been seen as ethically sensitive in many European countries. An emerging development within the field of PGT, namely PGT using polygenic risk scores (PGT-P), currently brings new ethical tensions to the forefront. It is unclear whether PGT-P may be applied within the current regulatory frameworks in Europe. A clear overview of legal and practical regulation of PGT in European countries is lacking. It is important to understand current regulatory frameworks in Europe and determine whether PGT-P fits within these frameworks. Study design, size, duration The aim of this study was to provide an overview of the legal and practical regulation of PGT in seven selected European countries (Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom) and critically analyse the different approaches with regards to regulatory applicability and opportunities for PGT-P. Participants/materials, setting, methods We have investigated the legal and regulatory aspects of PGT by analysing legal documents, regulatory frameworks, scientific articles, and guidelines from scientific organizations and regulatory bodies to gather relevant information about each included country. The main sources of information were national laws relating to PGT. We divided the PGT regulatory approaches of the included countries into models. Main results and the role of chance The regulation of PGT differs per country and can be divided into three models. Some countries require central approval of PGT for each new indication (the medical indication model: the United Kingdom, the Netherlands), some countries evaluate each individual PGT request at the local level (the individual requests model: France, Germany), and other countries largely leave decision-making about clinical application of PGT to healthcare professionals (the clinical assessment model: Belgium, Italy, Spain). In the countries surveyed that use the medical indication model and the individual requests model, current legal frameworks and PGT criteria seem to exclude PGT-P. There might be more opportunities for potential PGT-P implementation in countries using the clinical assessment model. However, the fact that healthcare professionals and scientific organizations in Europe are generally negative about implementation of PGT-P due to scientific and socio-ethical concerns, suggests that, even if it were legally possible, the chance that PGT-P would be offered in these countries in the near future appears to be low. Limitations, reasons for caution Our analysis focuses on seven European countries. While these countries differ in their regulatory approaches to PGT, a certain diversity may be missing from our analysis. The analysis is based on publicly available information and documents, meaning certain insights into the practical regulation of PGT might be missing. Wider implications of the findings Our analysis of how PGT-P fits within current regulatory models provides guidance for healthcare professionals and policymakers in navigating the possible future implementation of PGT-P within Europe. The approach used of identifying regulatory models provides a useful way to think about the regulation of reproductive genetic technologies at large. Trial registration number Not applicable

MONITORING LEGISLATION IN THE FIELD OF ASSET RECOVERY

The author examined the legislation of foreign countries on the return to the state of illegally acquired and withdrawn assets, as well as methods for their return in a variety of situations, especially when criminal confiscation is impossible or cannot be applied. The Act of the Republic of Kazakhstan «On the return of illegally acquired assets to the state» (hereinafter referred to as the Act), adopted on July 12, 2023, and legal instruments for the return of these assets, including assets abroad, are analyzed. The Act in general is generally characterized by a subjective, purely evaluative approach to whether a particular asset can be classified as illegally acquired, whether it is subject to seizure or not. This is indicated by the use of such phrases as «reasonable doubts», «presumed presence in property, use, possession». The danger of this approach lies in the lack of clear legal criteria, which creates the threat of abuse by officials and law enforcement agencies. The lack of legal criteria creates limitless eventual possibilities for raiding. It should be noted that due to the vastness of the topic under study, the author was not able to consider in one publication all the norms that contradict current high-level legislative acts (including constitutional laws and codes), including the subsequent effect on the national legal system of Kazakhstan from the operation of such a Act.