Garbovskiy L. The judicial providing of confiscation of property in a criminal legal procedure.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0408U002709

Applicant for

Specialization

  • 12.00.09 - Кримінальний процес та криміналістика; судова експертиза; оперативно-розшукова діяльність

10-06-2008

Specialized Academic Board

К 26.122.01

The Academy of Advocacy of Ukraine

Essay

The research is dedicated to the complex study of problems of application in criminal procedure of confiscation of property as variety of additional punishment and criminally - judicial mean. There investigate the historical terms of development of the legislative adjusting of application of confiscation of property, are determined the six stage of development of normatively-legal regulation, are probed on application of confiscation of property. On the basis of analysis of labours of domestic and foreign scientific processualists a concept "Providing of confiscation of property" and features of its application is exposed in criminal procedure. An author is ground position about the necessity of the legislative fixing of general application of confiscation of instruments and facilities of commission of crime rule, things, and commission of crime in operating Criminal code of practice of Ukraine got as a result and to eliminate position about their application from Special part of Criminal code of Ukraine. Suggestion is borne about material evidence to refer the some unearned income or profit as a result of criminal way and normalize the decision of answer about their confiscation by the way of entering variation at the article 78 and 81 Criminal code of Ukraine. According to the data summing up of materials of the polling practical worker and on the basis of results of research an author offers the row of changes and additions at the article 125, 126, 177, 179 Criminal code of practice of Ukraine purposely improvement the practice of providing with an application of confiscation of property and material evidence.

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