Non-conviction-based confiscation: international legal aspect
Journal Title: Наукові записки Інституту законодавства Верховної Ради України - Year 2019, Vol 1, Issue 3
Abstract
The purpose of the article is to reveal certain aspects of the international legal settlement of non-conviction-based confiscation. Scientific novelty. The article examines the international legal regulation of non-conviction-based confiscation. Particular attention was paid to the decisions of the European Court of Human Rights, which concerned this type of confiscation. Conclusions. In the context, on the one hand, the recognition by the Constitutional Court of Ukraine of the norms of the criminal law on unlawful enrichment as unconstitutional and, on the other hand, the existence of a state of corruption problem as a topical and painful, is proposed to intensify the search for new ways to improve existing anti-corruption legislation, taking into account best international practices. One of these is the non-conviction-based confiscation, which is used in many states, including the United Kingdom, Italy, the USA, Switzerland, and many others. Among the advantages of such confiscation: the possibility of using without conviction a person for the commission of a crime, including in relation to property that is located abroad, as well as the property of those persons who are immune from prosecution. The confiscation indicated corresponds to the provisions of international treaties, the consent of which was binding on the Verkhovna Rada of Ukraine, as well as the practice of the European Court of Human Rights. Matters related to the institution of non-conviction-based confiscation require further extensive scientific research and research, primarily on the subject of implementation in Ukrainian legislation.
Authors and Affiliations
Oleksii O. Kolotylo
Keywords
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- DOI 10.32886/instzak.2019.03.08
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