Seized Property Regulation Issues

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Наталья Голованова ◽  
Natalya Golovanova
Keyword(s):  
Criminal Activity ◽  
The State ◽  
Public Confidence ◽  
Italian Experience ◽  
Financial Gain ◽  
Asset Recovery ◽  
Recovery System ◽  
Proceeds Of Crime ◽  
Crime Legislation ◽  
Economic Crimes

This article provides some insight into foreign states’ regulation of seized property and weaknesses and opportunities for increasing effectiveness of existing regimes. Asset confiscation through proceeds of crime legislation, as well as assets originated from corruption, has taken on a new lease of life over the past few years. The main object of criminal proceeds confiscation laws is to divestiture the financial gain derived from criminal activity and to relinquish it to the state. The author evaluates the legislation and practice in the framework of regulation of seized property in Europe, USA and Australia, and lays stress on social reuse of propriety. In author’s opinion, Italian experience in transferring confiscated assets to local authorities in favour of the society is especially interesting for Russia. It is noted that besides achieving the common goal to seize illicit assets from criminals to the subsequent payment of compensation to victims of crime, to fight against organized crime, terrorism and economic crimes, it is important to create an economically viable asset recovery system, preserving their value in the interests of the state, society and victims, as well as ensuring accountability, transparency and public confidence in the system of asset recovery.

PROPERTY SECURITY IN FIGHTING AND COUNTERACTING ECONOMIC CRIMES

2021 ◽  
Vol 140 (4) ◽  
pp. 100-115
Author(s):  
LESZEK DOMAGALSKI
Keyword(s):  
Money Laundering ◽  
Economic Security ◽  
The State ◽  
Financial Information ◽  
Penal Code ◽  
Legal Regulations ◽  
Asset Recovery ◽  
Recovery System ◽  
Processing Information ◽  
Economic Crimes

The article presents the function of property security in fighting against economic, organised and fi scal crimes. Attention is paid to the services and authorities forming the three pillars of the asset recovery system, the unit responsible, among others for collecting and processing information about assets constituting benefits from illegal or undisclosed sources included in the structures of the General Police Headquarters, the Prosecution Service and the General Inspector of Financial Information. The changes introduced by the Act of 23 March 2017 amending the Act – Penal Code relate to so-called extended confiscation. The essence of the new legal regulations and the importance of extended confiscation based on legal presumptions have been presented. The Act of March 1, 2018 on counteracting money laundering and fi nancing terrorism and its importance for the recovery of property and preventing crimes detrimental to the economic security of the state has also been interpreted.

Reforming proceeds of crime legislation: Political reality or pipedream?

2019 ◽  
Vol 44 (3) ◽  
pp. 176-181
Author(s):  
Natalie Skead ◽  
Tamara Tulich ◽  
Sarah Murray ◽  
Hilde Tubex
Keyword(s):  
Western Australia ◽  
New South ◽  
New South Wales ◽  
Criminal Activity ◽  
Legal Principles ◽  
Political Reality ◽  
South Wales ◽  
Proceeds Of Crime ◽  
Crime Legislation

In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.

scholarly journals “The Principles of Patrimony Due Process of Law: The Punitive Confiscation and the Protection of Third Parties Misrelated to the Crime”

2015 ◽  
Vol 5 (2) ◽  
pp. 127
Author(s):  
Dr.Sc. Mario Antinucci
Keyword(s):  
Due Process ◽  
Effective Means ◽  
Organised Crime ◽  
Member States ◽  
Effective Prevention ◽  
Cross Border ◽  
Financial Gain ◽  
Asset Recovery ◽  
Proceeds Of Crime ◽  
The Eu

main motive for cross-border organised crime, including mafia-type criminal organisations, is financial gain. As a consequence, competent authorities should be given the means to trace, freeze, manage and confiscate the proceeds of such crime. However, the effective prevention of and fight against organised crime should be achieved by neutralising the proceeds of crime and should be extended, in certain cases, to any property derived from activities of a criminal nature. Organised criminal groups operate without borders and increasingly acquire assets in Member States other than those in which they are based. There is an increasing need for effective international cooperation on asset recovery and mutual legal assistance. Among the most effective means of combating organised crime is providing for severe legal consequences for committing such crime, as well as the effective detection and the confiscation of the instrumentalities and proceeds of crime. Although existing statistics are limited, the amounts recovered from proceeds of crime in the Unionseem insufficient compared to the estimated proceeds. Studies have shown that, although regulated by Unionand national law, confiscation procedures remain underused. The adoption of minimum rules will approximate the Member States' freezing and confiscation regimes, thus facilitating mutual trust and effective cross-border cooperation. The Stockholm Programme and the Justice and Home Affairs Council Conclusions on confiscation and asset recovery, adopted in June 2010, emphasise the importance of a more effective identification, confiscation and re-use of criminal assets. In this article, we will focus on the recent Directive of the EU Parliament and of the Council on freezing and confiscation of proceeds of crime in the EU (3 April 2014).

scholarly journals RETURNS OF ASSETS IN CORRUPTION CRIMINAL ACTS AS ALTERNATIVE RESTORING STATE LOSSES

2020 ◽  
Vol 2 (1) ◽  
pp. 27-34
Author(s):  
Komang Ekayana
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Procedure ◽  
The State ◽  
Recovery Model ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Asset Recovery ◽  
Criminal Procedure Law ◽  
The Law

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 

scholarly journals Eksekusi Barang Rampasan Hasil Tindak Pidana Kehutanan Pasca Putusan Mahkamah Konstitusi Nomor 021/PUU-III/2005

2016 ◽  
Vol 12 (1) ◽  
pp. 43
Author(s):  
Eddy Rifai ◽  
Rakhmat Triyono
Keyword(s):  
Forest Products ◽  
The State ◽  
Court Decisions ◽  
Forestry Research ◽  
Criminal Offenses ◽  
Protected Forests ◽  
Proceeds Of Crime

This study examines the execution of the judgment against the spoils of crime  in forestry. Research using normative juridical approach and empirical jurisdiction. Execution of judgments against the state spoils of criminal offenses in the field of forestry, the injunction decision declared goods confiscated for the state not to do execution the form of an auction, because of legislation prohibiting the sale of forest products obtained from crime in protected forests. Perspective execution of court decisions to loot the proceeds of crime in the field of forestry is to judge using breakthrough progressive law, the court ruled that the injunction which reads "Evidence confiscated to the state and used for social purposes".

scholarly journals Corruption in the Economy of Ukraine

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Andrii Kofanov ◽  
◽  
Nataliia Pavlovska ◽  
Maryna Kulyk ◽  
Yuliia Tereshchenko ◽  
...  
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Public Life ◽  
Law Enforcement Officers ◽  
The State ◽  
Key Issues ◽  
Internal Affairs ◽  
National Police ◽  
Economic Crimes

The research was conducted on the basis of the method of system analysis and generalization of information obtained during the survey conducted by different categories of law enforcement officers who carry out pre-trial investigation of the said crimes, as well as reports from the Ministry of Internal Affairs of Ukraine, the National Police of Ukraine, National Anti-Corruption Bureau of Ukraine, etc. for 2016-2019. The most relevant motives and methods of committing corruption crimes were analyzed and found that bribery and corruption were the first among economic crimes, and the increase in the number of these crimes was facilitated by the high corruption of state bodies in various spheres of public life. The key issues that will reduce the level of corruption in the state are outlined.

scholarly journals Elements of Political-Legal Development of Ukraine Strategy: Aspects of Actualization and Scholarly Comprehension

2021 ◽  
pp. 505-514
Author(s):  
Volodymyr Tarasyuk
Keyword(s):  
Public Relations ◽  
Family Relations ◽  
The State ◽  
Public Confidence ◽  
Market Society ◽  
Non Profit ◽  
Liberal Economy ◽  
The Government ◽  
National Programs ◽  
Market Relations

and Scholarly Comprehension The unbalanced state apparatus in the conditions of the law enforcement system inaction and the chaotic actions of the authorities aimed at overcoming the crisis caused by the resistance of oligarchic capital eloquently testify to the need to implement systematic programs to restore and develop strategic directions of the state. Strengthening and separating regional elites from the center weakens the role and discredits central governments; the loss of control over the strategic sectors of the economy monopolized by the oligarchs requires the government to constantly seek a compromise between the interests of the state and meet the needs of corrupt capital; lack of own (national) programs for the development of education and science, national security and defense, information policy – led to the introduction of foreign ideas and concepts, sometimes outdated and sometimes irrelevant to modern Ukrainian conditions (for example, the introduction of restrictive economic instruments contribute to the destruction of countries, unable to provide their needs with their own resources at least 90%). The constant reduction of financial, natural, and human resources has led to growing public discontent with the oligarchs who «colonized Ukraine» in the late 1990s and early 2000s and, depending on Russian markets, pursue their own mercantile interests contrary to state interests. Elite change is one of the most pressing and painful issues related to the restoration of subjectivity and statehood in the Ukrainian state. None of the previous mass protests, the Orange Revolution and the Revolution of Dignity, led to a change of elites as the primary, basic cause of mass discontent. Policy inclusiveness and economic monopolization do not help restore public confidence in government actions and decisions. Domestic elites are in one way or another closely connected (dependent) with oligarchic capital – whether financial, political or media. Thus, Ukrainian elites can be confidently called pro-oligarchic, and oligarchs – representatives of domestic elites. The public demand for the de-elitization of the oligarchs has every reason to grow into another Maidan. In Ukraine, during the thirty years of independence, no conditions have been created for the professional realization of educators, scientists, doctors, journalists, engineers, etc. All so-called non-profit professions are in deep decline. Market relations have gradually transformed into market thinking – a liberal economy turns us into a market society. When measuring education, medicine, politics, friendship or family relations according to the standards of market thinking – the market suffers, and public relations, and education, medicine, science, politics, etc. – none of these categories can be market by definition.

4. Controlling and preventing organized crime

2018 ◽  
pp. 91-103
Author(s):  
Georgios A. Antonopoulos ◽  
Georgios Papanicolaou
Keyword(s):  
Law Enforcement ◽  
Organized Crime ◽  
Criminal Activity ◽  
New Model ◽  
Model Based ◽  
The Us ◽  
International Issue ◽  
Crime Legislation ◽  
Criminal Groups

‘Controlling and preventing organized crime’ discusses the types of policy and law enforcement approaches intended to address organized crime as an issue. The US became the first country to develop a comprehensive and wide-ranging response to the phenomenon of ‘organized crime’. Legislation introduced in the late 1960s gave prosecutors a new model based on patterns of criminal activity rather than specific offences. Alongside the new tools for prosecuting criminal groups, it increased the severity of sanctions against them. The US approach became the model for other countries. With organized crime being seen as an international issue new organizations have appeared to address it. But can organized crime ever be prevented?

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