Vynnyk A. Special confiscation of property as another measure of criminal nature under criminal law of Ukraine

The dissertation is devoted to the criminal law characterization of special confiscation as another measure of a criminal law nature under the criminal law of Ukraine. The question of the state of the study of special confiscation in the doctrine of criminal law is revealed and its legal regulation in the Criminal Code of Ukraine is analyzed. The social conditionality of special confiscation is highlighted. In particular, it was established that the appearance of the institute under study was not determined by historical factors, but rather by the requirements of modern reality and Ukraine’s desire to join the EU. The legal nature of special confiscation and its place in the system of criminal law are determined. The grounds and conditions for the application of special confiscation are examined and it is stated that such an extension of the boundaries of its use is unreasonable, and the list of acts that are determined by the condition for the appointment of special confiscation requires changes. The purpose of the special confiscation is clarified, which, as one of its features, is proposed to be fixed at the legislative level. The author defines the concept of special confiscation and substantiates the need to exclude confiscation of property from the penal system of Ukraine. It is proposed to make changes and additions to the Criminal Code of Ukraine, aimed at solving the identified problematic issues.