ON THE ISSUE OF THE RETROACTIVE EFFECT OF THE LAW ON THE RETURN OF ILLEGALLY ACQUIRED ASSETS TO THE STATE
DOI:
https://doi.org/10.52026/2788-5291_2026_81_1_134Keywords:
law, retroactive effect of the law, entry into force of the law, asset recovery, international norms, constitutional norms, law enforcement practiceAbstract
Currently, one of the urgent problems is the return of illegally acquired assets to the state. This problem is relevant due to the restoration of social justice. In most cases, the exported assets were acquired through illegal means and their return to the people and society is one of the priorities of the state. The returned assets can be used for the most important social purposes. At a time when the country is experiencing a shortage of budget funds, the returned assets are able to solve the most acute social problems.
The state is doing everything to recover assets. A special law on the return of illegally acquired assets to the State has been adopted and is in force. A specially created commission has been established and carries out its activities. However, there are problems of law enforcement. One of these problems is the retroactive effect of the law.
As a general rule, the law is not retroactive. In other words, this law does not apply to those relations that arose before the adoption of the new law. If we follow this logic, then it is necessary to release from liability all those who illegally acquired assets. However, a reasonable question arises here, but what about social justice.
This article examines the controversy over the retroactive application of the law. The paper provides a legal assessment of international principles, constitutional norms and norms of national legislation in the field of retroactive application of the law on the return of illegally acquired assets. All aspects of this issue have been weighed on the basis of all norms and principles. His scientific vision of solving this issue is presented.
