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Confiscation of proceeds and property related to crimes: international standards and the ECHR practice

Author

Listed:
  • Natalya Orlovska

    (National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine)

  • Julia Stepanova

    (National Academy of the state Border Guard of Ukraine named after Bogdan Khmelnitsky, Ukraine.)

Abstract

Organized crime and corruption in the context of globalization pose a huge threat to the security of all countries without exception. Therefore, the common European and national crime prevention systems pay great attention to criminal activity economic sense deprivation. This is achieved through the application of confiscation of property and proceeds related to crime. For transitive legal systems development the reference points are the international standards and ECHR practice which are studied using dialectical, formal legal and comparative legal methods. The study showed that the international standards and ECHR practice make it possible to find a balance between public and private interests, ensure maximum seizure of proceeds and property related to crimes, and guarantee the protection of property rights as an essential human right. On the example of Ukraine the peculiarity of the confiscation regulation in countries with a transitive legal system is shown and the perspectives for domestic law improving in this aspect are outlined.

Suggested Citation

  • Natalya Orlovska & Julia Stepanova, 2020. "Confiscation of proceeds and property related to crimes: international standards and the ECHR practice," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(3), pages 493-511, December.
    • Handle: RePEc:asr:journl:v:10:y:2020:i:3:p:493-511
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    References listed on IDEAS

    as
    1. Panicos Demetriades & Radosveta Vassileva, 2020. "Money Laundering and Central Bank Governance in The European Union," Journal of International Economic Law, Oxford University Press, vol. 23(2), pages 509-533.
    2. Mirko Draca & Theodore Koutmeridis & Stephen Machin, 2019. "The Changing Returns to Crime: Do Criminals Respond to Prices?," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 86(3), pages 1228-1257.
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    More about this item

    Keywords

    confiscation; proceeds and property related to crime; international standards; ECHR practice; punishment and criminal law measure; human rights protect.;
    All these keywords.

    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K38 - Law and Economics - - Other Substantive Areas of Law - - - Human Rights Law; Gender Law; Animal Rights Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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