The Legal Nature Of Property Which Is Subject To Special Confiscation Under The Criminal Code Of Ukraine

Abstract

The article is dedicated to the study of the legal nature of the property subjecting to seizure while applying a forfeiture of specific property as an alternative criminal law measure. An attempt was made to distinguish the forfeiture of specific property as a criminal law measure from property forfeiture as a penalty based on such criteria as a legal nature of the property subjecting to seizure. It has been determined that cases of the specific property forfeiture application are related to the legal nature of the property subjecting to seizure as well as to the mode of its use. It is suggested to update the provisions of Article 96-2 of the current Criminal Code of Ukraine.