The object of the study is the legal relations in the process of confiscation of property in criminal law. The subject of the study is the development of confiscation in the criminal legislation of the pre-revolutionary, Soviet and modern periods, as well as the provisions of international law, the current criminal law of a number of foreign countries, judicial acts containing the legal phenomenon under study. The purpose is to present a system of theoretical knowledge about the current state of confiscation in criminal law. The theoretical basis of the study was the work of domestic experts on the confiscation of property. In addition, dissertation and monographic studies on criminal law and other branch legal sciences were used. The empirical basis of the study was made up of materials on the number of those brought to criminal responsibility, on re-committed crimes that form a relapse, on those released from criminal liability, as well as statistical information on judicial and law enforcement activities related to the application of property confiscation in criminal legislation. The scientific novelty consists in the fact that the study will allow to establish the role, place, value of property confiscation in the declared branch of law, to determine its current state, to trace the patterns of development in criminal law, which in turn will make it possible to formulate reasonable recommendations for improving the criminal law by all interested parties.
The object of the study is the reasons for the existence of confiscation of property in criminal legislation. The socio-legal conditionality of the named institute is designed to reveal the functional purpose of the criminal instrument, its social role and place in the system of combating crime. Special attention is paid to the method of analysis, with the help of which the necessary data are investigated to confirm the hypothesis of the social necessity of the existence of the institution of confiscation of property. The institution of criminal law confiscation of property is an effective tool of the state's anti-criminal policy, the content and purpose of which have been dynamically transformed throughout the history of Russian society. The basis of the research is a synthesis of domestic as well as foreign legislative and doctrinal provisions using the formal legal method. The main conclusions of the study are that the socio-legal conditionality of the criminal law institution of confiscation of property is expressed in compensation for the negative consequences of the crime committed by asymmetric compensation for damage to legally protected public relations. Confiscation of property acts as a means of criminal law repression, designed to impose on the convicted person the obligation to suffer the negative consequences of the crime committed by him. Through the institution of confiscation, the criminal legislator focuses on law-abiding behavior related to economic and financial activities. The novelty of the study is represented by a system of key factors (reasons) justifying the need for the existence of the institution of confiscation of property in domestic criminal legislation.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.