Confiscation as a civilistic instrument of the state’s anti-corruption policy

Occupation: Senior researcher of the Criminal Law Sector, Criminal Procedure and Criminology of the Institute of State and Law of the Russian Academy of Sciences; Leading Researcher, Center for Justice Studies, Russian State University of Justice
Affiliation:
Institute of State and Law of the Russian Academy of Sciences
Center for Justice Studies, Russian State University of Justice
Address: Russian Federation, Moscow

Journal name

Gosudarstvo i pravo

Edition

Issue 5

Pages

111-122

Abstract

The article deals with topical issues of legal regulation and law enforcement practice of action in rem confiscation. The purpose of this article is to study the individual elements of confiscation in rem related to the objects subject to confiscation and the circle of persons in relation to whom it is applied in order to justify the effectiveness of its use in the fight against corruption. The subject of the study is the norms of foreign and national law that regulate the civil law mechanism for the confiscation of income, the source of which is not confirmed by persons who are obliged to declare their income, expenses, property and property obligations. The methodological basis of the study was the provisions of dialectical materialism, as well as general scientific and particular scientific methods, such as analysis, synthesis, generalization, logical-theoretical, systemic-structural, formal-legal, comparative-legal and some other methods. It is concluded that the use of action in rem confiscation in the Russian Federation is “truncated”, since it applies only to a certain list of unconfirmed income and is applied to a limited number of people. The paper assesses the positive dynamics in expanding the list of objects of confiscation action in rem by including funds, the legality of which has not been established. A contradiction has been revealed between the legislative consolidation of the list of persons in respect of whom such confiscation is applied and judicial practice, including the possibility of seizing unconfirmed income from other persons. It is concluded that it is necessary to expand the use of the institution action in rem as one of the effective ways to combat corruption, which does not violate the constitutional rights and interests of the persons in respect of which it is applied and does not contradict the procedural law

Keywords

action in rem confiscations, corruption, declaration, unconfirmed income, burden of proof, civil law instruments, civil servants, property, money

Received

04.04.2022

Publication date

30.05.2023

Number of characters

42452

Cite

GOST	Aryamov A., Ryabtseva E. Confiscation as a civilistic instrument of the state’s anti-corruption policy // Gosudarstvo i pravo – 2023. – Issue 5 C. 111-122 [Electronic resource]. URL: https://gospravo-journal.ru/S102694520025190-0-1 (circulation date: 15.05.2024). DOI: 10.31857/S102694520025190-0
MLA	Aryamov, Andrey, Ryabtseva, Ekaterina V "Confiscation as a civilistic instrument of the state’s anti-corruption policy." Gosudarstvo i pravo 5 (2023):111-122. DOI: 10.31857/S102694520025190-0
APA	Aryamov A., Ryabtseva E. (2023). Confiscation as a civilistic instrument of the state’s anti-corruption policy. Gosudarstvo i pravo (5), pp.111-122 DOI: 10.31857/S102694520025190-0

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