Actual problems of the return of assets obtained by criminal means in criminal proceedings
The article is devoted to the study of the theoretical foundations and practical problems of returning assets acquired as a result of the commission of crimes in the criminal proceedings of Ukraine. It was noted that bringing a person to criminal liability for committing corruption and other crimes...
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| Format: | Article |
| Language: | English |
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Yaroslav Mudryi National Law University
2018-12-01
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| Series: | Проблеми Законності |
| Subjects: | |
| Online Access: | http://plaw.nlu.edu.ua/article/view/147116 |
| _version_ | 1818999738021707776 |
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| author | Олена Ігорівна Резнікова Джулія Липало |
| author_facet | Олена Ігорівна Резнікова Джулія Липало |
| author_sort | Олена Ігорівна Резнікова |
| collection | DOAJ |
| description | The article is devoted to the study of the theoretical foundations and practical problems of returning assets acquired as a result of the commission of crimes in the criminal proceedings of Ukraine. It was noted that bringing a person to criminal liability for committing corruption and other crimes necessarily should include comprehensive activity on the return of the proceeds of crime, named its main structural elements: the purpose, subjects of realization, objects of search and stages of implementation of such activities. It is indicated that the purpose of such activity is to minimize the negative consequences of a crime by resorting to the acquisition of illegal assets into the state's income, as well as preventive influence, and the object is the proceeds of crime. It is proved that the activity of returning the assets obtained by the crime gull in a criminal proceeding includes the following operations: detection, search, arrest, management and special confiscation of such assets, and its subjects are the investigator, the prosecutor, the investigating judge, the court and officials of the National agencies of Ukraine on the detection, tracing and management of assets derived from corruption and other crimes. The analysis of leading international experience in the field of return of assets obtained as a result of the commission of crimes has been analyzed. The legal status, functions and powers of the National Agency of Ukraine for the detection, investigation and management of assets derived from corruption and other crimes as the subject of such activity are investigated. |
| first_indexed | 2024-12-20T22:22:11Z |
| format | Article |
| id | doaj.art-278cb05175334bc7b0f652c0a26891cb |
| institution | Directory Open Access Journal |
| issn | 2224-9281 2414-990X |
| language | English |
| last_indexed | 2024-12-20T22:22:11Z |
| publishDate | 2018-12-01 |
| publisher | Yaroslav Mudryi National Law University |
| record_format | Article |
| series | Проблеми Законності |
| spelling | doaj.art-278cb05175334bc7b0f652c0a26891cb2022-12-21T19:24:54ZengYaroslav Mudryi National Law UniversityПроблеми Законності2224-92812414-990X2018-12-01014320221610.21564/2414-990x.143.147116147116Actual problems of the return of assets obtained by criminal means in criminal proceedingsОлена Ігорівна РезніковаДжулія ЛипалоThe article is devoted to the study of the theoretical foundations and practical problems of returning assets acquired as a result of the commission of crimes in the criminal proceedings of Ukraine. It was noted that bringing a person to criminal liability for committing corruption and other crimes necessarily should include comprehensive activity on the return of the proceeds of crime, named its main structural elements: the purpose, subjects of realization, objects of search and stages of implementation of such activities. It is indicated that the purpose of such activity is to minimize the negative consequences of a crime by resorting to the acquisition of illegal assets into the state's income, as well as preventive influence, and the object is the proceeds of crime. It is proved that the activity of returning the assets obtained by the crime gull in a criminal proceeding includes the following operations: detection, search, arrest, management and special confiscation of such assets, and its subjects are the investigator, the prosecutor, the investigating judge, the court and officials of the National agencies of Ukraine on the detection, tracing and management of assets derived from corruption and other crimes. The analysis of leading international experience in the field of return of assets obtained as a result of the commission of crimes has been analyzed. The legal status, functions and powers of the National Agency of Ukraine for the detection, investigation and management of assets derived from corruption and other crimes as the subject of such activity are investigated.http://plaw.nlu.edu.ua/article/view/147116assets obtained as a result of crimesreturn of assets received as a result of committing crimescriminal proceedingsNational Agency of Ukraine on Detection, Investigation and Management of Assets Received from Corruption and Other Crimes |
| spellingShingle | Олена Ігорівна Резнікова Джулія Липало Actual problems of the return of assets obtained by criminal means in criminal proceedings Проблеми Законності assets obtained as a result of crimes return of assets received as a result of committing crimes criminal proceedings National Agency of Ukraine on Detection, Investigation and Management of Assets Received from Corruption and Other Crimes |
| title | Actual problems of the return of assets obtained by criminal means in criminal proceedings |
| title_full | Actual problems of the return of assets obtained by criminal means in criminal proceedings |
| title_fullStr | Actual problems of the return of assets obtained by criminal means in criminal proceedings |
| title_full_unstemmed | Actual problems of the return of assets obtained by criminal means in criminal proceedings |
| title_short | Actual problems of the return of assets obtained by criminal means in criminal proceedings |
| title_sort | actual problems of the return of assets obtained by criminal means in criminal proceedings |
| topic | assets obtained as a result of crimes return of assets received as a result of committing crimes criminal proceedings National Agency of Ukraine on Detection, Investigation and Management of Assets Received from Corruption and Other Crimes |
| url | http://plaw.nlu.edu.ua/article/view/147116 |
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