Confiscation Of Property Research Articles

Updated Positions of the Supreme Court of the Russian Federation in Matters of Qualification of Environmental Crimes

Analysis of the positions of the Supreme Court of the Russian Federation on the qualification of environmental crimes, set out in the updated guidelines, makes it possible to determine the main directions of law enforcement practice in this area. They allow us to determine the main directions of law enforcement practice in the field of combating environmental crimes. It has been established that the Plenum of the Supreme Court of the Russian Federation correctly perceives the criticism of the scientific community and actively implements the advanced positions of the doctrine of criminal law into guiding explanations, promptly studies and generalizes the emerging law enforcement practice for more effective protection of public relations related to the environment. It is noted that approaches have been developed relating to the legal assessment of a socially dangerous act constituting illegal logging of forest plantations, criteria for the legality and illegality of logging activities (in terms of the grounds for logging activities), assessment of damage from illegal hunting, and the differentiation of Art. 260 and 1911 of the Criminal Code of the Russian Federation, confiscation of funds and instruments for committing environmental crimes, etc. Separately, the changed approaches to determining the subject of illegal logging of forest plantations are considered, to which the Plenum of the Supreme Court of the Russian Federation includes forests on agricultural lands, about which there were previously different legal positions. There is a fairly consistent practice of using confiscation of property, which, on the one hand, makes it possible to deprive the guilty of the opportunity to reoffend and complements the punitive effect of punishment, but on the other hand does not contradict the principles of justice and legality. The main conclusion was made that criminal policy in the field of environmental protection as a whole has the right vector of development, and the adopted changes and additions to the guidelines are well justified, timely and contribute to the optimization of law enforcement activities.

Collective Memory, Moral Economy and Land Disputes after the Repatriation of Crimean Tatars

This article is devoted to the meaning of identity and belonging in the processes of defending land rights. The 20th century was marked by unprecedentedly large processes of rejection and redistribution of land ownership in the countries of the socialist camp. Forced confiscation of property and collectivization fundamentally changed the landscape of land ownership. And in some border territories of the Soviet Union, which includes the Crimean peninsula, the events of ethnic deportations of the population had a decisive influence on the redistribution of land ownership as well. Separated from their ethnic lands, the Crimean Tatars formed an identity that had a clear connection to the lost territory and homeland. The process of political resistance, which continued during the Soviet period, and mass spontaneous repatriation took place under the main slogan - the restoration of justice and the return of Crimean Tatars to their ethnic homeland. After the return of a large part of the Crimean Tatars to their ethnic lands, the process of restoring land rights began. This process had an organized nature and great political resonance in Crimea and led to a significant reorganization of the cultural landscape of the peninsula.

Legislative initiatives to strengthen the accountability for corruption crimes during the war period in Ukraine

The article provides a critical analysis of the Draft Law of Ukraine "On Amendments to Certain Legislative Acts on Equating the Punishment of Corrupt Criminal Offenses to High Treason During Martial Law in Ukraine" (Reg. No. 9659 dated 08/30/2023). It was revealed that the proposed draft law article 111-3 "Commitment of a corruption criminal offense during the operation of the legal regime of martial law" was created by mechanically combining the relevant features of criminal offenses provided for in Art. 191 "Appropriation, embezzlement of property or taking possession of it by abuse of official position" (Chapter VI of the Special Part of the Criminal Code) - Part 1 of Art. 111-3 of the project, Art. 210 "Untargeted use of budget funds, implementation of budget expenditures or provision of loans from the budget without established budget allocations or exceeding them" (Chapter VII of the Special Part of the Criminal Code) - Part 2 of Article 111-3 of the project, Art. 364 "Abuse of power or official position" (Chapter XVII of the Special Part of the Criminal Code) - Part 3 of Art. 111-3 of the project, Art. 368 "Acceptance of an offer, promise or receipt of undue benefit by an official" (Chapter XVII of the Special Part of the Criminal Code) - Part 4 of Art. 111-3 of the project, Art. 368-5 "Illegal enrichment" (Chapter XVII of the Special Part of the Criminal Code) - part 5 of Art. 111-3 of the project and Art. 369-2 "Abuse of influence" (Chapter XVII of the Special Part of the Criminal Code) - Part 6 of Art. 111-3 of the project. Such a concentration of different types of criminal offenses in one article is unfounded, because it violates the principle that is embedded in the construction of the entire Special Part of the Criminal Code. The decision of the draft law, according to which all six parts of this article provide for the same sanctions - "is punishable by deprivation of liberty for a term of fifteen years or life imprisonment, with confiscation of property" is also questionable. Mechanistic formation of Art. 111-3 of the project destroys the specificity of the public danger of the acts combined in this article. The task of increasing the severity of punishments for corruption criminal offenses is proposed to be implemented in a simpler way - by supplementing the relevant articles of the Criminal Code with a new qualifying feature "committed during the operation of the legal regime of martial law by a person occupying a responsible and especially responsible position" with the establishment of sanctions of the higher level of severity. However, these sanctions should not be identical, as implemented in the draft law, but should take into account the nature of each individual criminal offense.

The Institutional Features of the Judicial Oversight on the Legitimacy of the "Pre-Judicial" Phase of the Proceedings for Confiscation of Property of Illicit Origin

The legal proceedings for confiscating property of illicit origin represent a novelty in Armenian legal system, and the study of both its comprehensive and individual issues hold significant theoretical and practical importance. Based on international documents, domestic legislation, and jurisprudence, the authors present an analysis of the general characteristic of the confiscation of property of illicit origin, as well as discuss several practical issues in the existing tools for management of the legitimacy of its "pre-trial" stage. Namely, the necessity for proper judicial oversight of acts, including actions and omissions that fall outside the scope of current oversight mechanisms, its implementation peculiarities, including consequences of recorded infringements are highlighted and as a result, the need for legislative regulations of such issues is raised. In the article, the authors present several scientific and practical conclusions, such as the need to establish on a legislative level the scope and conditions for oversight of the legitimacy of the decisions, actions, and omissions of the competent authority in the "pre-judicial" stage of the confiscation of property of illicit origin. As a result, it can be stated that the conclusions presented in the article can serve as an indication for the further development of legal practice and existing regulations.

Prevention of Money Laundering Act, 2002 (PMLA) Critical Review of Key Provisions

The Prevention of Money Laundering Act, 2002 (PMLA) stands as a pivotal legislative tool in India, designed to combat money laundering and allied financial crimes, having a fundamental objective to thwart money laundering and facilitate the confiscation of property derived from or implicated in money laundering. Money laundering, as per the act, is expansively defined to encompass any process or activity attempting to legitimize illegally obtained proceeds, such as those arising from criminal activities. The act criminalizes money laundering activities, imposing stringent penalties that include imprisonment and fines for individuals found guilty of such offenses. Enforcement of the PMLA is orchestrated by various authorities, with the Enforcement Directorate (ED) at the forefront. The ED is entrusted with investigating and prosecuting offenses under the act. Embarking on an exploration of the intricate domain outlined by the Prevention of Money Laundering Act (PMLA) leads us to a realm where the intersections of financial regulations, criminal justice principles, and ethical considerations converge. By examining a series of pertinent adjudications related to the PMLA, we enter a reservoir of legal knowledge that significantly shapes the understanding and application of this crucial legislation. These legal determinations not only clarify the intricacies surrounding money laundering and its consequences but also offer invaluable guidance for legal practitioners, scholars, and policymakers striving to strike a balance between prosecuting financial offenses and safeguarding individual liberties. Within this compilation, we engage in an intellectual journey, mapping the continually evolving terrain of PMLA legal interpretations and presenting a comprehensive perspective on its development and significance within the framework of precedent law in the pursuit of justice. While serving as a significant tool in the battle against money laundering, the PMLA has faced criticisms, particularly concerning certain provisions such as the broad definition of "proceeds of crime", about the burden of proof placed on the accused, usual overreach, bail provisions etc. which become issues for critical analysis specially in preview of latest judgements of Hon. Supreme Court of India. Pending the review of the controversial judgment in 2022, specifically in the cases of Vijay Madanlal Choudhary v. Union of India, the Directorate of Enforcement (ED) seems to have gained significant momentum. The Supreme Court's scrutiny and criticism of the ED's actions, particularly in the unlawful arrest of two individuals in a money laundering case, have underscored the imperative for a comprehensive re-evaluation of the key provisions of the Prevention of Money Laundering Act (PMLA), while in Pankaj Bansal v. Union of India, in which it came down heavily on the ED for the illegal arrest of two accused in a money laundering case has necessitated the critical review of key provisions of PMLA. The methodology of study of Critical review of key provisions of Prevention of Money Laundering Act, 2002 involves librarian research in which books, articles and recent case laws of Hon. Supreme Court of India are referred.

Punishment of collaborative activity

In connection with the criminalization of collaborative activity in our country, law enforcement officers have several questions. Among them, a special place is occupied by the application of punishment and other criminal-legal response measures for the commission of collaborative activity, because the effectiveness of the legal norm largely depends on the limitations of rights and freedoms provided by the law on criminal liability. Clarifying the scope of criminal law restrictions that are imposed on guilty persons will allow to assess the quality of the criminal law norm.
 Unfortunately, the raised issue was not the subject of separate attention of researchers. The main part of scientific works is currently devoted to the problems of distinguishing manifestations of collaborative activity from each other, as well as from related criminal offenses.
 The purpose of the article is to analyze the sanctions of criminal legal norms that establish responsibility for collaborative activity. On the basis of the conducted analysis, provide a comprehensive vision of the possible criminal legal consequences for the guilty person for committing the specified acts.
 This study found that it was established that the legislator established imprisonment as the main type of punishment for most forms of collaborative activity. Its term was differentiated depending on the type of collaborative activity. Deprivation of liberty for committing collaborative activities is always combined with the application of an additional type of punishment - deprivation of the right to hold certain positions or engage in certain activities.
 The law provides for a fine (Part 4 of Article 111-1 of the Criminal Code of Ukraine), correctional labor and arrest (Part 3 of Article 111-1 of the Criminal Code of Ukraine) as alternative, milder punishments to imprisonment for collaborative activity.
 In the sanction for committing a qualified crime, the legislator established life imprisonment as an alternative to deprivation of liberty.
 Confiscation of property is combined with the possibility of imposing such an additional type of punishment as deprivation of the right to hold certain positions or engage in certain activities (Part 4-8 of Article 111-1 of the Criminal Code of Ukraine). At the same time, in most cases, confiscation of property is provided as an additional optional type of punishment (parts 2, 5-7 of the Criminal Code of Ukraine), and therefore may not be imposed if the court reaches such a conclusion.
 For the commission of collaborative activity by its authorized person, the possibility of applying measures of a criminal legal nature against legal entities is provided.
 Exemption from criminal liability may be applied to persons who have committed collaborative activities in connection with the transfer of a person to bail.
 The provisions of Part 1 and Part 2 of Art. 111-1 of the Criminal Code of Ukraine testify to the need to amend the title of Section I of the Special Part of the Criminal Code of Ukraine, since the type of punishment specified in them indicates that the prescribed acts belong to the category of criminal misdemeanors.

Juridical Analysis of Corruption Crime Asset Confistion As an Effort to Return State Losses Using Non Penal Approach in Indonesia

In its development, corruption in Indonesia has increased from year to year, both in terms of the quality or amount of state financial losses and the quality of how it is carried out in a sophisticated and systematic manner, and has even penetrated across national borders. Therefore, handling corruption, especially in order to maximize the recovery of state losses, requires a comprehensive approach, as well as through international cooperation. This research found the fact that the asset confiscation mechanism using a non-penal approach is more effective and efficient. This argument is based on the fact that because there is no need to confirm the crime of corruption as long as the perpetrator's assets are suspected to be illegal assets of corruption, this shortens the time. Confiscation of property or assets using non-penal means is more efficient when compared to confiscation of property or assets through civil means in accordance with the provisions of the Corruption Eradication Law (PTPK) which is legal in Indonesia. Because if in a criminal case using civil law it is the same as placing the burden on the prosecutor to carry out proof, then it actually increases the number of things that might happen, namely reconvention lawsuits against the prosecutor as the plaintiff. The asset confiscation mechanism using a non-penal approach no longer focuses on chasing perpetrators but rather following the movement of money so that the number of corruption in Indonesia is expected to decrease.

THE ARMENIAN CONFISCATION LAW OF 2020CONSIDERING THE EUROPEAN STANDARDS

The subject of this paper is a synthetic presentation of the basic standards of the Council of Europe on the criminal measure of confiscation of property, notably its extended forms. Due to the considerable severity of this mechanism and the potential violations of fundamental rights that might result from it, extended confiscation has repeatedly been the subject of ECtHR jurisprudence. The text presents the conclusions drawn from the basic rulings of the Strasbourg Court in this regard. Against this background, the author presents the essential elements of the extended confiscation system recently adopted in Armenia. A comparison of these models leads to the conclusion that the Armenian model goes far beyond the standards of the Council of Europe, which raises doubts about its compatibility with the body of human rights, as decoded in the ECHR and articulated by the ECtHR. The author attempts to predict the possible consequences of such a confrontation.

Sentencing for treason under martial law

The article examines the issue of punishment for treason under martial law. It was found that in view of the full-scale invasion of Russia on the territory of Ukraine, the criminal legislation was supplemented by Part 2 of Art. 111 of the Criminal Code of Ukraine, which provides for responsibility for treason committed under martial law, and establishes a more severe punishment in the form of imprisonment for a term of 15 years or life imprisonment, with mandatory confiscation of property. 50 guilty verdicts passed by courts of first instance in criminal proceedings under Part 2 of Art. 111 of the Criminal Code of Ukraine. The results of such a study made it possible to determine some trends in the imposition of punishment for such a crime. It has been established that treason under martial law is committed under similar legal circumstances, which can be generalized and classified. During the research, it was established that in the absolute majority of cases for the commission of treason, regardless of the circumstances of the crime, mitigating and aggravating circumstances, data about the accused person, the courts impose a minimum sentence of 15 years of imprisonment with full or partial confiscation of property. At the same time, the maximum punishment in the form of life imprisonment is imposed in isolated cases, which, however, raises doubts about the expediency and justification of its appointment. It is established that the courts when choosing the amount of punishment, as required by Art. 65 of the Criminal Code of Ukraine, take into account data on the identity of the culprit and circumstances mitigating and aggravating the punishment. There were also cases of a milder punishment than provided for by the sanction of Part 2 of Article 111 of the Criminal Code of Ukraine, on the basis of Art. 69 of the Criminal Code of Ukraine. It is assumed that such cases of application of Art. 69 of the Criminal Code of Ukraine are not always justified and sometimes excessively reduce the punishment in comparison with the size of the punishment provided for in Part 2 of Art. 111 of the Criminal Code of Ukraine. The situation with the appointment of a minimum punishment within the scope of the sanction and the application of Art. 69 of the Criminal Code of Ukraine is explained by the imperfection of the sanction, which is difficult from the point of view of law enforcement. Based on the results of the analysis, the assumption was made that the sanction under Part 2 of Art. 111 of the Criminal Code of Ukraine, as well as suggested ways to solve this problem. Key words: treason, national security of Ukraine, martial law, punishment, sentencing, life imprisonment, an absolutely defined sanction, transfer to the side of the enemy, subversion, aggressor state, differentiation of criminal responsibility, individualization of punishment, confiscation of property.

Current issues of the application of special confiscation in the field of criminal justice

The article examines the issue of the application of special confiscation in the field of criminal justice, taking into account the requirements of international treaties, the legal positions of the Constitutional Court of Ukraine, and the practice of courts of criminal jurisdiction. It has been established that certain controversial issues that accompanied the establishment of the institution of special confiscation are currently resolved, in particular by the practice of the Constitutional Court of Ukraine and the Supreme Court. In particular, the Constitutional Court of Ukraine verified the compliance of the criminal law institution of special confiscation with the Constitution of Ukraine and established the compliance of Articles 96-1 and 96-2 of the Criminal Code of Ukraine with Articles 1, 3, 8, 21, 22, 41, 58, 61, 62, 64 of the Constitution of Ukraine. In addition, the practice of the Supreme Court demarcates the legal nature of punishment in the form of confiscation of property and special confiscation as a type of criminal law, the provisions on the procedure of special confiscation based on Articles 96-1 and 96-2 of the Criminal Code of Ukraine in the manner specified in Article 100 CCP of Ukraine. It was established that in those cases when a person uses property that belongs to him and that was acquired legally as one of the tools for committing a crime, the issue of the gravity of the crime committed, the sanctions of the criminal law and the application of special confiscation to the property of such a person can cause significant difficulties . At the same time, there are no special rules in the General Part of the Criminal Code of Ukraine regarding compliance of special confiscation with the requirements of proportionality to the committed crime, depending on its severity. The absence of such rules may lead to a violation of the requirements of Art. 1 of Additional Protocol No 1 to the Convention on the Protection of Human Rights and Fundamental Freedoms. The risks of a possible violation in this area should be eliminated by consistent judicial practice. It was emphasized that in view of the establishment of legal grounds and the procedure for the application of special confiscation in the field of criminal justice, the issue of the application of special confiscation taking into account the principle of proportionality and the protection of the rights of third parties – bona fide purchasers of property – remain important issues today. It was concluded that in the absence of clear criteria for the proportionality of interference with the right of ownership in both substantive and procedural legislation (Article 100 of the ССР), the question of the legality of deprivation of property from the point of view of the proportionality of interference with such a right must be resolved in each specific case, and certain rules in this aspect should be provided by established national judicial practice. Key words: property, right of ownership, punishment, intervention, confiscation, special confiscation, constitutionality, criminal law measures, third party, bona fide acquirer, proportionality, case law, proportionality

ІСТОРІОГРАФІЯ ШТРАФУ ЯК ВИДУ ПОКАРАННЯ НЕПОВНОЛІТНІХ У ПЕРІОД ВЕЛИКОГО КНЯЗІВСТВА ЛИТОВСЬКОГО

The author of the article examines the formation of criminal law, through the prism of the historical development of juvenile law, taking into account the punishments of property influence, based on state legal forms, facts and phenomena that are of significant importance and act as a driving force at the stages of the formation of Ukrainian society. The article examines the issue of normative legal support for the formation of criminal law during the period of creation of the Grand Duchy of Lithuania as part of the Ukrainian lands, and analyzes its main sources that were active in that period, namely: Court of Prince Casimir IV 1468, Lithuanian statutes 1529, 1566, 1588 yr. It was investigated which criminal penalties of a property nature were in force at that time and which could be applied to juvenile offenders. Persons over the age of 16, both nobles and persons without any status, were subject to criminal liability. It has been established that Casimir’s Court of Justice determined that for theft committed for the first time, the offender was punished with a fine, in case of lack of property, with corporal punishment. The Lithuanian Statute of 1529 contained norms that the punishment for insulting a nobleman was imprisonment, while at that time, insulting a non-nobleman was punishable by a fine. The Lithuanian Statute of 1566, which stipulates that in the event of a criminal offense committed by a nobleman who has not reached the age of 14, he is not held liable for committing the crime, but the damage caused must be removed by parents or relatives from part of his estate , in case of lack of funds, the minor nobleman must be surrendered. In turn, in the Lithuanian Statute of 1588, there were such types of property punishments as a fine for theft, as well as punishment in the form of monetary penalties (holovshchyna), “if a person of simple rank killed another person of simple rank. Key words: capital punishment, rape, imposition, confiscation of property, minor, adult, property penalties, judge, statute, fine.

Criminal sanctions in articles on public appeals to commit criminal offenses against the foundations of national security of Ukraine

The article is devoted to the analysis of penal sanctions of criminal law provisions on public calls for committing criminal offences against the foundations of national security of Ukraine (part 2, 3 of article 109, part 1, 2, 3 of article 110, part 1, 5 of article 1111 of the Criminal code of Ukraine). The author identifies the shortcomings of the penal sanctions of these criminal law provisions.
 The author classifies the penal sanctions of the articles for public calls to commit criminal offences against the foundations of national security of Ukraine. It is established that the sanctions of the elements of public calls for committing criminal offences against the foundations of national security of Ukraine (except for the sanction provided for in part 1 of article 1111) are cumulative and provide for the possibility of additional punishment in the form of confiscation of property (part 2, 3 of article 109, part 1, 2, 3 of article 110, part 5 of article 1111 of the Criminal сode). At the same time, part 5 of article 1111 of the Criminal сode of Ukraine contains two cumulative penal sanctions (mandatory and optional).
 The article analyses the proposals of Ukrainian legal scholars concerning the improvement of penal sanctions under the provisions on public calls for criminal offences against the foundations of national security of Ukraine. In particular, the author provides the arguments which demonstrate the need to provide for imprisonment as the main punishment in part 1 of article 1111 of the Criminal сode of Ukraine. In addition, the author supports the proposal of scholars to provide for deprivation of the right to hold certain positions or engage in certain activities as an additional punishment in part 1 of article 1111 of the Criminal сode of Ukraine.
 The analysis of the existing sanctioning provisions proves that the legislator uses a non-systematic approach when assessing the public danger of public calls for criminal offences against the foundations of national security of Ukraine. Given the need to strengthen the protection of Ukraine’s national security in the context of Russia’s full-scale armed aggression against Ukraine, the author identifies the ways to improve the system of penal sanctions under criminal law provisions on public calls for criminal offences against the foundations of Ukraine’s national security.

Control of the Use of Property in the practice of the European Court of Human Rights

The article is devoted to the study of the concept of expropriation of property in accordance with the practice of the European Court of Human Rights. In particular, such concepts as control over the use of property and confiscation of property are considered.
 It was found that the provision of Article 1 of Protocol 1 to the 1950 European Convention on Human Rights consists of three separate prescriptions, in particular: the rule is of a general nature and establishes the principle of unhindered use of property; refers to deprivation of property and conditions it under certain conditions; it is recognized that the Contracting States have the right, inter alia, to control the use of property in accordance with the general interest, by applying such laws as they consider necessary for this purpose.
 A state party to the Convention has the right to enact such laws as it deems necessary to control the use of property in accordance with general interests. That is, it provides an opportunity to independently judge the need for such a law. At the same time, a minimum legal framework, including an appropriate forum, must be maintained to enable those who claim that their rights have been violated to effectively assert and enforce their rights.
 Any state interference with such a right must be lawful and a fair balance between private and public interests must be observed. Achieving a fair balance means that in every case involving an alleged violation of this norm, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inaction of the state. Legitimacy means that the state's intervention in property rights must be carried out by ensuring compliance with laws that must be sufficiently accessible, precise and predictable in their application.
 We have come to the conclusion that any interference by the state authorities in the right to peaceful possession of one's property can be justified only if it is not only legal (taking into account the instability, in particular, of domestic laws with their negative temporal property) but also corresponds to public interests by means reasonably proportionate to the goal to be achieved.

Sodišče slovenske narodne časti v Novem mestu

The Court of Slovenian National Honour was established in early June 1945. Until the end of August 1945, it tried those who had (allegedly) collaborated with the occupying forces during the war in any way. Senates consisting of five members held sessions in Ljubljana, Kranj, Novo Mesto, Celje, Maribor, Ptuj and Murska Sobota. In Novo Mesto, the first trial took place on 10 July, but the court ceased to operate as early as 14 July due to the dissatisfaction of the district committee of the Communist Party with the work of the jurist judges. The court treated the acts allegedly perpetrated by the accused very leniently and imposed fairly mild penalties. In nine trials, it sentenced 34 persons to the loss of national honour, 22 persons to light forced labour and six persons to a partial confiscation of property. After the court was abolished and a pardon was declared, the convicted were fully excused of forced labour. The legal implications of the penalty of the loss of national honour were limited to losing political and civil rights, including the right to vote. The penalty of property confiscation remained in effect.

Responsibility for violation of the rules of financing a political party, election agitation or agitation of a referendum

The article emphasizes that political parties contribute to the formation and expression of the political will of citizens. Thanks to them, citizens of Ukraine can exercise their right to freely choose and be elected to state and local government bodies. A form of direct democracy, in addition to elections, is a referendum. Attention is focused on the fact that the financing of political parties, pre-election campaigning or referendum campaigning can be the tool that, in the presence of deficiencies in the current legislation regulating social relations that arise when giving or receiving a contribution to support a political party, or when receiving state funding of a statutory activities of a political party, or when providing or receiving financial (material) support for pre election campaigning or referendum campaigning, may be used to suppress the will of voters. Attention is also drawn to such a phenomenon as political corruption.
 It is established that the fines for violating the rules of political party financing, pre-election campaigning or referendum campaigning are disproportionate to the amount of money that any political party receives and spends during elections. The consequence of this is that the amount of the fine fixed in the Code of Ukraine on Administrative Offenses, the Criminal Code of Ukraine, is not a safeguard against violations. The amount of money spent on political advertising and pre-election campaigning and the amount of fines for violating the rules of political financing are disproportionate. It is proposed to amend the Code of Ukraine on Administrative Offenses, applying an approach according to which the fine is 100% of the amount of illegal contributions or support received, but not less than 100 tax-free minimum incomes of citizens. If the reporting procedure is violated, the fine is at least 1,000 tax-free minimum incomes of citizens.
 The shortcomings of the legislation of Ukraine consist in the fact that the provision of financial (material) support for campaigning or in favor of a political party is equated with the transfer of ownership; for criminal offenses characterized by a greater degree of public danger, fines are lower than for administrative violations. Ways to improve the current legislation of Ukraine are proposed, including, in Art. 159 1 of the Criminal Code of Ukraine is proposed to provide for such a sanction as confiscation of property.

Confiscation of Property Obtained From a Criminal Offense as a Measure to Fight Against Organized Crime

An analysis of most definitions of organized crime point to the fact that its main goal is the acquisition of financial profit. That is why one of the basic measures that most affects organized crime is confiscation of illegally acquired property. The purpose of that confiscation, through different historical epochs, was to punish the perpetrator of a criminal act, to compensate the injured party, or to prevent and deter others from committing criminal acts. The goal of this paper is to review scientific literature and analyze the content of various legal acts and documents, with the application of the comparative method, and to point out the specifics of the institute of confiscation of property acquired through criminal activities as one of the measures in the fight against organized crime. Property confiscation as a special measure in the fight against crime has encountered numerous criticisms and controversies in domestic and foreign literature, which will be the subject of a separate part of this paper. Seizures differ from country to country due to different legal qualifications, making it difficult to apply this institute in a uniform manner, on a global level. We point out the results that this measure gave at the international level and the success and criticism of its application in domestic legislation and practice.

A scribal error in the Gnomon: A proposed correction to BGU V 1210

This article proposes a correction to line 242 of papyrus BGU V 1210, the Gnomon of the Idios Logos. Substituting the accusative for the dative οὐικαρίοις, the vicarii of imperial slaves become objects of the infinitive κθᾶσται rather than the group to which the prohibition to buy things apply. Thus, instead of reading lines 241 and 242 separately, as it has traditionally been done, the two lines must be read together as two parts of a set of regulations. They limit the actions of imperial slaves, that is the Kαισαριανοῖ of line 241, who are barred from buying goods auctioned off by the fiscus, purchasing vicarii, and marrying freedwomen. Read together, the two lines can be interpreted as a measure limiting imperial slaves’ opportunities to increase their peculium by either taking advantage of the confiscation of private property by the fiscus or buying vicarii.

The Urgency and Mechanism of Asset Return for Corruption Crimes

Typicality in Article 2 and Article 3 of Law No. 31 of 1999 jo Law No. 20 of 2001 concerning the Eradication of Corruption Criminal Acts (Tipikor Law) is the existence of elements of state financial losses, the Tipikor Law regulates mechanisms or procedures that can be applied in the form of asset returns through criminal channels, and asset returns through civil channels. The return of Tipikor's assets through civil channels is contained in the provisions in Article 32 paragraph (1), Article 34, Article 38B paragraph (2) and (3) of the Tipikor Law. Return of assets from the criminal route is carried out through a trial process where the judge in addition to imposing the principal crime can also impose additional crimes, the return of assets through this criminal procedure can be, (1) Seizure of tangible or intangible movable property, (2) Payment of substitute money, (3) Criminal fines, (4) Determination of confiscation of goods that have been confiscated, (5) Verdict of confiscation of property for the state. This study aims to know, analyze and answer problems regarding the regulation of the return of assets resulting from corruption in positive law, know, analyze and answer the problem of obstacles in the implementation of the return of assets resulting from this criminal act of corruption, and know, analyze and answer problems about the urgency and mechanism of returning assets resulting from corruption in ius constituendum. The Usefulness of Research on the Urgency and Mechanism of Return of Assets Resulting from Criminal Acts of Corruption.

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.

APPEAL AGAINST ILLEGAL ACTIONS OF OFFICIALS IN CRIMINAL PROCEEDINGS: LEGAL AND DOCTRINAL FOUNDATIONS

The article presents the results of a study of the legal and scientific aspects of appealing against illegal actions of officials of the investigation and inquiry bodies by the defense party. This problem is multidimensional and includes such components as constitutional and legal foundations, criminal procedural regulation and scientific support of the right to appeal against illegal procedural actions as a mechanism for overcoming violations of the rights of suspects/accused at the stage of preliminary investigation. One of the most common forms of such violations are unjustified refusals to exercise the procedural rights of suspects/accused, in particular, to provide evidence, participate in proving, and familiarize themselves with the case materials. The consequences of such a violation may be expressed in the inability to properly build a defense, including from unjustified charges and, as a result, illegal detention, detention or detention, bringing a knowingly innocent person to criminal responsibility or illegal initiation of a criminal case, pronouncing a knowingly unjust verdict, decision or other judicial act. These violations are obviously complex in nature and hinder the implementation of the principle of equality and competitiveness of the parties in criminal proceedings. Unfortunately, investigators and interrogators often deny the defense the right to present evidence and attach it to the criminal case, and to ensure this, they deny the accused and the defender the right to familiarize themselves with the case materials, while using loopholes in legislation and vague (sometimes too broad) interpretations in the guidelines of judicial interpretation. This leads to the fact that there is no alternative to the prosecution’s version and, of course, to a significant violation of the rights of the accused as participants in criminal proceedings. The negative consequences of this may be cases of unjustified accusation and conviction of innocent persons, the occurrence of other grave consequences (for example, the illness of an unlawfully accused /convicted person, causing property damage during the confiscation of property based on a false accusation, the application of other property sanctions, discrediting and defamation of such a person, etc.). In addition, of course, this practice it causes serious damage to the authority of the court, law enforcement agencies, and the formation of negative public opinion about them. The article analyzes in detail the cases of refusals to present and attach evidence, familiarization with the case materials, examines the “argumentation” given by the staff of the preliminary investigation bodies, judges, and clearly proves its fallacy, using the example of cases that have a great public resonance and the author’s personal experience as a lawyer in such cases. Criminal procedural means of countering such violations are being investigated. In conclusion, based on the conducted research, the author formulates a conclusion aimed at overcoming the accusatory bias and violations of the rights of participants in court proceedings in cases with public resonance, improving and increasing the effectiveness of preventing violations of the constitutional right to defense and adversarial parties.