Confiscation of Property as an Appropriate Response for Crimes of a Corruption Nature

K. Korsakov
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Abstract

This scientific article reflects the results of a study on topical and important issues concerning confiscation of property as an effective and successful anti-corruption tool in the Russian Federation these days. To achieve the objectives of the study the author carefully analyzed legislative changes directly related to the use of the property confiscation mechanism that have occurred in Russia recently. As a result of a study of the legal specifics of this criminal law institution and the existing law enforcement practice in modern Russia, it was concluded that confiscation of property as a separate criminal punishment could become an adequate and fair response from the state to corrupt behavior of officials at any level. The findings of the study also include the conclusion that in modern socio-economic conditions, confiscation of property has a number of advantages compared to types of criminal punishment and other measures of a criminal law nature in terms of preventing corruption. The significance of the study lies in the convincing evidence that the preventive effect of the institution of confiscation of property is primarily expressed in the well-founded fears and fears of potential criminals to lose their valuable property as a result of its nationalization, which deter and protect them from committing criminal acts of corruption. The results of this scientific study can be successfully applied both in the further study of the problem of combating corruption in modern Russia, as well as in the legislative process and in the practical sphere.
没收财产是对腐败性质犯罪的适当回应
这篇科学文章反映了一项关于没收财产作为当今俄罗斯联邦有效和成功的反腐败工具的热门和重要问题的研究结果。为了实现本研究的目标,作者仔细分析了最近在俄罗斯发生的与使用财产没收机制直接相关的立法变化。通过对这一刑法制度的法律细节和现代俄罗斯现有的执法实践的研究,我们得出结论,没收财产作为一种单独的刑事处罚可以成为国家对任何级别官员腐败行为的适当和公平的回应。这项研究的结果还包括以下结论:在现代社会经济条件下,在防止腐败方面,与各种刑事处罚和其他刑法性质的措施相比,没收财产具有若干优点。这项研究的意义在于,有令人信服的证据表明,没收财产制度的预防作用主要表现在有充分根据的恐惧和对潜在犯罪分子因其国有化而失去其宝贵财产的恐惧,这种恐惧和恐惧阻止并保护他们不犯下腐败的犯罪行为。这项科学研究的结果既可以成功地应用于对现代俄罗斯反腐败问题的进一步研究,也可以成功地应用于立法过程和实践领域。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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