Confiscation of proceeds and property related to crimes: international standards and the ECHR practice

Natalya Orlovska () and Julia Stepanova ()
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Natalya Orlovska: National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine
Julia Stepanova: National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine.

Juridical Tribune - Review of Comparative and International Law, 2020, vol. 10, issue 3, 493-511

Abstract: Organized crime and corruption in the context of globalization pose a huge threat to the security of all countries without exception. Therefore, the common European and national crime prevention systems pay great attention to criminal activity economic sense deprivation. This is achieved through the application of confiscation of property and proceeds related to crime. For transitive legal systems development the reference points are the international standards and ECHR practice which are studied using dialectical, formal legal and comparative legal methods. The study showed that the international standards and ECHR practice make it possible to find a balance between public and private interests, ensure maximum seizure of proceeds and property related to crimes, and guarantee the protection of property rights as an essential human right. On the example of Ukraine the peculiarity of the confiscation regulation in countries with a transitive legal system is shown and the perspectives for domestic law improving in this aspect are outlined.

Keywords: confiscation; proceeds and property related to crime; international standards; ECHR practice; punishment and criminal law measure; human rights protect. (search for similar items in EconPapers)
JEL-codes: K14 K38 K42 (search for similar items in EconPapers)
Date: 2020
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