Problems of Ensuring Inter‑Industry Terminological Uniformity in Determining the Legal Regime of Confiscation
Year: 2024
Type: article
Abstract: The rapid complication of social relations regulated by law and the resulting convergence of private and public legal branches have become prerequisites for the formation of complex legal entities within the framework of domestic legislation. The latter should include confiscation, which is equally subject to regulation by both civil law as a basis for terminating property rights, and criminal law as another measure of a criminal legal nature that resolves the tasks of the criminal policy of the Russian Federation. At the same time, a detailed analysis of the provisions of Chapter 15.1 of the Criminal Code of the Russian Federation, regulating the legal regime of confiscation, from the point of view of their compliance with civilistic terminology and civil legislation in general, clearly demonstrates the absolute failure of the legislator to achieve the necessary level of inter-branch unity in the legal regulation of this coercive measure. This circumstance is the cause of significant problems in ensuring the balance of private and public interests when assigning and executing confiscation as another measure of a criminal law nature.
Source: Actual Problems of Russian Law
Author: V. A. Goncharova
Institution: National Research Tomsk State University
Language: English
Topic: Criminal Law and Policy
Subfield: Sociology and Political Science
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4406068851