Bidna O. Confiscation under the Criminal Law of Ukraine.

The dissertation is a research paper devoted to the theoretical and practical aspects of the criminal legal regulation of the use of property confiscation under the criminal law of Ukraine. The urgency of the dissertation topic of the study is determined by the acuteness of the problem of determining the limits of state intervention in the right to free property ownership. Traditionally in the criminal law of Ukraine property confiscationplayed the role of one of the types of punishment. At present, this is not only a form of criminal responsibility but also different from the last other criminal-legal measure, which manifests itself in three forms, namely: 1) special property confiscation with respect to an individual; 2) property confiscation of a legal entity; 3) special property confiscation with respect to a legal entity. Аdditional arguments are made as to the expediency of the exclusion of property confiscation from the domestic system of punishment with the simultaneous extension of the scope of the penalty as additional punishment, the content of which is also limited to the property rights of the convicted person. It is noted that the special property confiscation should not depend on the type of the committed willful crime (criminal offense), the limits of its punishment or criminal law consequences that occur in relation to the person who committed it. It is proposed to recognize the independent basis of application to the legal entity of criminal law measures concerning crimes provided for in Section 4, Part 1, Article 963of the Criminal Code, their commission with consent or with the knowledge of the authorized person or with the help (with the use of) the legal entity. The expediency of changing the order of application of property confiscation of the legal entity from compulsory to an optional, as well as consolidating the possibility of partial property confiscation in relation to this subject has been proved. It is proposed to fix in Part 2 of Art. 966 of the Criminal Code the possibility of extracting from the legal entity not only the monetary amount, which corresponds to the amount of illegal profit (real and potential) but also directly property that was acquired by them as a result of commission of crimes by their authorized person on behalf and in the interests of the legal entity, which are specified in Article 963 of the Criminal Code, provided that it can be distinguished from property acquired by lawful means.