Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

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

View through CrossRef
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
The Russian Academy of Sciences
Title: Confiscation as a civilistic instrument of the state’s anti-corruption policy
Description:
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.

Related Results

Essence, basic principles, forms and functions of state anti-corruption policy
Essence, basic principles, forms and functions of state anti-corruption policy
The article examines the essence of anti-corruption policy, its background and its structural elements. Considering that corruption in the public sector distorts the powers and res...
KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN
KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN
AbstractThe Court Ruling claim that a debt discharge a bankruptcy inflict a debtor will loose his right to dominate the wealth which include the bankruptcy property. The whole rich...
Pentingnya Pendidikan Anti Korupsi Di Kalangan Mahasiswa
Pentingnya Pendidikan Anti Korupsi Di Kalangan Mahasiswa
characterized by integrity, transparency, and a commitment to combating corruption. This research aims to explore the importance of anti-corruption education among students as an e...
ON THE METHODOLOGY FOR ASSESSING THE CORRUPTION POTENTIAL OF LEGAL ACTS
ON THE METHODOLOGY FOR ASSESSING THE CORRUPTION POTENTIAL OF LEGAL ACTS
The article is devoted to the methodology for assessing legal acts for corruption, since the sphere where corruption originates and spreads, respectively, is legislation. Corrupti...
Anti-corruption policy in Ukraine – ways of improvement and current state
Anti-corruption policy in Ukraine – ways of improvement and current state
The article contains a study of the current state of the fight against corruption in Ukraine, the reasons for the adoption of the new Anti-Corruption Strategy 2014-2017, its purpos...
Penguatan Sikap Anti Korupsi Pada Guru Dan Siswa Di SMP Islam Terpadu Bina Amal Gunungpati Semarang
Penguatan Sikap Anti Korupsi Pada Guru Dan Siswa Di SMP Islam Terpadu Bina Amal Gunungpati Semarang
The problem of corruption in Indonesia has become a public conversation, both through the news, electronic media and social media. This is related to corruption cases and corrupt b...
Pencatatan Sita Sertifikat Hak Atas Tanah di Kantor Pertanahan Kota Bandar Lampung
Pencatatan Sita Sertifikat Hak Atas Tanah di Kantor Pertanahan Kota Bandar Lampung
This study aims to determine the recording of confiscation of certificates of land rights in the defense office of the city of Bandar Lampung. The method in this study uses a norma...
Corruption understandings
Corruption understandings
This dissertation examines the evolving conceptualizations of corruption in Indonesia during the late colonial period (1902–1942), focusing on how Indonesians debated and defined c...

Back to Top