Abstract and keywords
Abstract (English):
The institute of confiscation of property serves as a historically integral tool, known since ancient times, to fight crime. The contradictory legal nature and ambiguous nature have led to a trend of variability of its legal status in the domestic criminal law system. An objective assessment of the role and place of confiscation of property in modern Russia requires consideration of the rich historical experience of the formation and development of this institution, which is the purpose of this work. The methodological basis of the study is represented by a number of traditional, general scientific (analysis, synthesis, comparison, forecasting) and private scientific methods of cognition. Among them, the most common were the historical method, which made it possible to trace the specifics of the formation of the institution of confiscation in domestic criminal law, the comparative legal method, with the help of which it was possible to compare the norms of different historical eras that regulate the legal status of confiscation. The formal legal method made it possible to prove the expediency of maintaining the legal status of confiscation in the Russian legal system. As a result of the study, the features of the criminal law regulation and application of property confiscation in the pre-revolutionary and Soviet state are considered in detail. The relationship between the economic needs of the country and the regulation, content and procedure for the execution of property confiscation is substantiated. The author's position on the need to preserve confiscation as another measure of a criminal law nature is argued. The results obtained can be used in the process of further theoretical understanding of the institution of property confiscation.

confiscation of property, property, punishment, convict, court, property damage
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1. Pashchenko E. A. The confiscation of property: reality and waiting. North Caucasus Legal Vestnik, 2015, (4): 81-88. (In Russ.)

2. Zemlyukov S. V. The institution of confiscation requires improvement. Izvestiya of Altai State University, 2016, (3): 76-79. (In Russ.)

3. Sheveleva S. V. Confiscation of property as another criminal law measure. Sudebnaia vlast i ugolovnyi protsess, 2019, (3): 73-84. (In Russ.)

4. Kulikov A. V., Hibners Yu. A. Problems of the appointment and application of property confiscation. Izvestiia Tulskogo gosudarstvennogo universiteta. Ekonomicheskie i iuridicheskie nauki, 2021, (1): 39-46. (In Russ.)

5. Kulish M. M. History of the development of the property confiscation institute. Humanities, social-economic and social sciences, 2017, (6-7): 137-139. (In Russ.)

6. Propostin A. A. Confiscation of property: past, present, future. Moscow: Iurlitinform, 2011, 264. (In Russ.)

7. Oleynikov A. A. Story of formation of the legislation of Russia about confiscation of property as criminal and legal corrective action on crime. Humanities, social-economic and social sciences, 2016, (4): 109-118. (In Russ.)

8. Shashkov N. V. Seizure of property: retrospective analysis. Ekonomicheskaia bezopasnost Rossii: politicheskie orientiry, zakonodatelnye prioritety, praktika obespecheniia: Vestnik Nizhegorodskoi akademii MVD Rossii, 2009, (2): 182-186. (In Russ.)

9. Sergeevsky N. D. Punishment in the Russian law of the XVII century. St. Petersburg: A. F. Tsinzerling, 1887, 300. (In Russ.)

10. Russian legislation of the 10th-20th centuries. Vol. 4: Legislation of the period of formation of absolutism, ed. Mankov A. G. Moscow: Iurid. lit., 1986, 512. (In Russ.)

11. Filippov A. N. On the punishment under the legislation of Peter the Great, in connection with the reform. Moscow: Univ. tip, 1891, 457. (In Russ.)

12. Pimonov V. A. Confiscation of property as a form of punishment under criminal law. Cand. Law Sci. Dis. Abstr. Moscow, 2002, 27. (In Russ.)

13. Nikolaev K. D. The regulation of property confiscation on Code about Punishments of Criminal and Corrective of 1845 and Criminal Code of 1903. Herald of Siberian Institute of Business and Information Technologies, 2018, (2): 78-81. (In Russ.)

14. Gorbachev I. S. Confiscation of property in the criminal law regulations of foreign countries: features of regulation and law enforcement. Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science, 2022, 8(2): 280-289. (In Russ.)

15. Tagantsev N. S. Russian criminal law. Pt. 2. Moscow: Iurait, 2019, 446. (In Russ.)

16. Shvekov G. V. The first Soviet criminal code. Moscow: Vysshaia shkola, 1970, 207. (In Russ.)

17. Samgina D. I. Confiscation of property. Punishments not related to deprivation of liberty, ed. Galperin I. M. Moscow: Iurid. lit., 1972, 89-98. (In Russ.)

18. Nazarenko G. V. Confiscation and compensation for damage as a measure of a criminal law nature. Sledovatel, 2006, (9): 5-10. (In Russ.)

19. Illo D. A. Historical and legal trends in the development of the institution of property confiscation. Molodoi uchenyi, 2010, (5): 66-68. (In Russ.)

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