Confiscation Of Corruption-Based Assets In Ukraine, Poland And Russia: Legislation And Practice

Abstract

 Confiscation of property, instrumentalities and proceeds of crime is not only an effective measure of punishment for the commission of crimes, in particular corruption, it also prevents the infiltration of illegal profits and corruption into the legal economy, it upholds the rule of law and the moral principle that nobody should benefit from crime. This article explores and discloses the content of the legal forms of the institution of confiscation in Ukraine, Poland and Russian Federation, the state of theirs implementation by the national authorities in practice, as well as the judiciary influence on their implementation. As these countries are parties to international treaties in this area, Poland and, in part, Ukraine have commitments to implement the relevant EU legislation, so article’s objective is to analyze certain provisions of modern European confiscation legislation, compliance with them in these countries, as well as to form conclusions about efficiency the application of various forms of confiscation provided for by international law in such countries.