Separate Issues Of The Conditions For The Using Of Special Confiscation As An Alternative «Iminal Law Measure Under The Criminal Law Of Ukraine

  • A.O. Vynnyk
Keywords: property forfeiture, special confiscation, alternative criminal law measures


The conditions for special confiscation as an alternative criminal law measure using have been identified and disclosed. It has been determined the baselessness of the designation on specific crimes as condition of special confiscation in the provisions of Article 96-1 of the Criminal Code of Ukraine. Attentioned to the necessity to eliminate those imperfections in formulating the provisions of the current Article 96-1 of the Criminal Code of Ukraine, which according to the terms of formal logic allow it ambiguous interpretation and create a legal possibility of avoiding the special confiscation and saving illegally obtained assets. Exept this, the position was expressed on the expediency of the using of special confiscation for committing any intentionally crime or socially dangerous act, which is specified in the Criminal Code of Ukraine.