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Problems of Application of Civil-Law Institute of Confiscation of Property As Means of Fighting Corruption

Проблемы применения гражданско-правового института конфискации имущества как средства борьбы с коррупцией
Authors: E. Rueva; A. Aryamov;

Problems of Application of Civil-Law Institute of Confiscation of Property As Means of Fighting Corruption

Abstract

The article considers the most effective mechanisms for realizing the confiscation of property as a means of counteracting corruption. The confiscation institute is investigated in its civil, not criminal-legal meaning. The authors of the article paid special attention to the analysis of international legal regulation of various issues of confiscation in rem and the problems of implementing this institution in the domestic legal field. An analysis of domestic anti-corruption legislation showed that, for all its similarity with the institution, confiscation in rem, the domestic civil-legal institution of confiscation is not such. In the process of its definition, vices are laid, which nullify the effectiveness of the implementation of this institution. When investigating the civil-law institute of property confiscation, the authors used methods of analysis, synthesis, systemic and functional approaches, formal legal and comparative legal methods. On the basis of these methods, the authors come to the conclusion that Russian legislation ensuring the implementation of Art. 235 GCRF, at the moment does not contain effective tools to combat corruption. The author draws attention to the problem of corruption-relatedness of the anti-corruption legislation. In his opinion, the solution of this problem will require a serious analysis of all normative material, a detailed forecast of the application of legal norms in real social conditions.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
1
Average
Average
Average
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