Email this article Conversion of property obtained through criminal activity to the state income as a way of restoring social justice: assessing the prospects of hybrid proceedings
- Authors: Tymoshenko A.A.1
-
Affiliations:
- University of the Prosecutor`s Office of the Russian Federation
- Issue: Vol 11, No 4 (2024)
- Pages: 15-20
- Section: Trending topic
- URL: https://ogarev-online.ru/2410-7522/article/view/286369
- DOI: https://doi.org/10.17816/RJLS643180
- ID: 286369
Cite item
Open Access
Access granted
Subscription Access
Abstract
The author analyzed the current criminal, criminal procedure and other related legislation on the issue of determining the current state of the procedure for the conversion of property obtained by criminal means into state ownership.
Particular attention is paid to the development of legislation on the confiscation of property, as well as special regulation of mechanisms for undermining the material basis of terrorism, extremism and corruption.
Taking into account the work done, a conclusion was made about the existence of hybrid mechanisms in relation to criminal procedure for the conversion of property obtained from tortious manifestations into the ownership of the Russian Federation.
The author comes to the conclusion about the need for the purposes of restoring social justice in a society suffering from crime, to continue the development of hybrid proceedings, including through the seizure of “unexplained” income of citizens.
Full Text
##article.viewOnOriginalSite##About the authors
Andrey A. Tymoshenko
University of the Prosecutor`s Office of the Russian Federation
Author for correspondence.
Email: antim1@yandex.ru
ORCID iD: 0000-0003-2562-0022
Cand. Sci. (Jurisprudence), associate professor
Russian Federation, MoscowReferences
- Gilinsky YaI. Social control over crime: concept, Russian reality, prospects. Russian Yearbook of Criminal Law. 2013;(7) :42–58. (In Russ.)
- Golik YuV. Philosophy, morality, fight against crime. Journal of Russian Law. 2021;(12):5–13. (In Russ.)
- Babenko NA. The relationship between substantive and procedural norms in the system of Russian law [dissertation abstract]. Chelyabinsk; 2013. (In Russ.)
- Kondratieva SL. Legal liability (the relationship between substantive and procedural law) [dissertation abstract]. Moscow; 1998. (In Russ.)
- Derevskova VM. History of the domestic state and law: anthology. Part 1. XI–XVIII centuries. Irkutsk: Irkutsk Law Institute (branch) of the Academy of the Prosecutor General’s Office of the Russian Federation; 2010. (In Russ.)
- Tyushnyakova OV. Analysis of property confiscation: history and modernity. Bulletin of the Volga University named after V.N. Tatishchev. 2010;(72):79–90.
- Pokrovsky IA. Philosophical prerequisites of civil law. The problem of personality and the state. In: Pokrovsky IA. Basic problems of civil law. Petrograd: Pravo; 1917. (In Russ.)
- Ilyushina MN. Collection of illegally obtained income: experience of Russia and foreign countries. Bulletin of the Russian Law Academy. 2020;(3):77–83. EDN: MVANEC doi: 10.33874/2072-9936-2020-0-3-77-83
Supplementary files
