3(91) 2016
S.V. Zemlyukov
The Institution of Confiscation Requires Improvement
The article is devoted to the institution of confiscation in the Russian criminal law. The paper analyzes the debate about the nature, meaning and types of seizures. Particular attention is drawn to returning the confiscation to the category of criminal penalties. The emphasis is made on the effectiveness of the confiscation in the fight against various kinds of criminal assaults. The paper analyzes the legislative initiatives on improving the institution of confiscation within the Russian criminal law. The author examines in detail the following projects: introduction of confiscation for the crimes of drug focus: giving confiscation the status of criminal punishment; applying confiscation for corruption crimes. The paper defends the thesis that the confiscation of property as a means of criminal law combating crime should be improved with the support of the international legal experience. In most countries of the world confiscation acts as criminal penalty and shows its effectiveness in the prevention and restoration of social justice. The author analyzes the purpose of confiscation and gives the classification of confiscation considering their functions.
DOI 10.14258/izvasu(2016)3-14
Key words: criminal punishment, social justice, retribution, confiscation, prevention, crime
Full text at PDF, 656Kb. Language: Russian.
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