THE LEGAL NATURE OF CONFISCATION UNDER THE CRIMINAL LAW OF THE REPUBLIC OF KAZAKHSTAN
DOI:
https://doi.org/10.52026/2788-5291_2021_64_1_173Keywords:
general and special confiscation, property obtained by criminal means, seizure, income from criminal activity, punishment, criminal procedure measureAbstract
The article reveals the general theoretical problems of defining the concept and content of the institution of confiscation of property. The authors studied the opinions of individual Russian and domestic scientists, as well as analyzed Kazakhstan's criminal legislation governing the confiscation of property. As a result of studying the content of the general confiscation of property, the authors concluded that it is ineffective and contradicts the basic principles of criminal law, and supported legal reforms to exclude it from the Kazakh criminal legislation. The authors analyze the private law and substantive grounds for the use of special confiscation of property. As to the substantive grounds for separating the special confiscation of the total allocated its inclusion in the sanctions of articles and the existence of a connection of property with criminal offence. At the same time, confiscation can be a mandatory punishment or an optional one. The connection with the property can be expressed in several forms: both as a result of the commission of a criminal offense, and for its commission. On the positive side, the authors identified changes in the possible recovery of the monetary equivalent of the property subject to confiscation. The authors ' conclusions are confirmed by empirical data – court decisions. According to the results of the analysis, the authors identified the main two goals of the confiscation of property provided for in the criminal legislation of the Republic of Kazakhstan: the preventive goal and the elimination of the consequences of criminal activity.