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1 2011

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Advantages and Disadvantages of Confiscating Property as a Criminal Law Measure

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Martynenko N. , Martynenko E.

Internal Security

2011

tom 3(1)

241-246

The article presents the evaluation of criminal law provisions on the property confiscation as another measure of criminal law. An insufficient study in abolishing the regulations of property confiscation led to the situation when the Russian Federation violated several international agreements by which it is obliged to apply the forfeiture of property to persons who have committed crimes of various types. Over the last twenty years, confiscation was again and again subjected changes and amendments, which indicates a lack of elaboration of the provisions on confiscation, and the problems that arose due to this in law enforcement.The authors represent various types of this punishment: the confiscation as “another measure” of criminal law, the confiscation as a form of punishment, and a special confiscation (forfeiture of guns, equipment or other instrumentalities of crime).A positive aspect of confiscation, the authors consider to be the possibility to confiscate not only money, valuables and other property obtained as a result of confiscatory crimes, but also money, valuables and other property in which property and income gained from this property have been partially or completely transformed or converted. This provision was enshrined in the criminal law for the first time and fully complies with the regulations embodied in the Conventions mentioned in the article.In particular, it is concluded that the restoration of confiscation in Criminal Code is a positive step as it allows to deal effectively with crime, especially in its organized forms. However, the existing regulations of confiscation are not without some drawbacks.