Issue: № 7/1, 2021
Doi: https://doi.org/10.37634/efp.2021.7(1).5
Introduction. This paper highlights the main elements of the legal construction of special forfeiture at the present stage of its legal regulation. The purpose of the paper is the isolation of the main components of the legal structure of special forfeiture, their analysis separately and in conjunction with each other in order to identify inaccurate and conflicting provisions of the Law of Ukraine on Criminal Liability. Results. The content of each element of the legal construction of special forfeiture is analyzed both separately and in conjunction with other elements. The peculiarities of the actual criminal law content of the special forfeiture have been established. The peculiarities of the procedural basis for the application of special forfeiture are analyzed. The characteristic features of the criminal law conditions for the use of special forfeiture have been established. Some shortcomings of the legislative technique in constructing the provisions of the Law of Ukraine on Criminal Liability concerning the persons to whom provisions on special forfeiture are addressed have been established. The peculiarities of the criminal law basis of special forfeiture and the contradiction of this element of its legal structure with its other elements are characterized, which excludes the use of special forfeiture in some cases by its literal meaning in the form in which it is formulated in the law on criminal liability. The characteristic features of the subject of special forfeiture and the contradiction of this element of its construction with the forfeiture of property as a type of punishment are established. The exclusions from some of the above components of special forfeiture are analyzed. The success of the use of the phrase "bona fide purchaser" in the construction of Article 962 of the Criminal Code of Ukraine is analyzed. Conclusions. Ambiguous elements of the construction of special forfeiture that require legislative adjustment have been identified. Clearly conflicting provisions of the norms of the law of Ukraine on criminal liability concerning the legal construction of special forfeiture are singled out. Relevant conclusions are made.
Keywords : special forfeiture, measure of criminal character, legal construction
References:
1. Vynnyk A.O. Special forfeiture as a measure of criminal nature in criminal law of Ukraine: diss. … PhD in legal sciences: 12.00.08 / Lviv State University of Internal Affairs. Lviv, 2019. 220 p. (in Ukrainian).
2. Constitution of Ukraine: the Law of Ukraine № 254k/96-VR June 28, 1996. URL: https://zakon.rada.gov.ua/laws/show/ 254к/96-вр#Text (in Ukrainian).
3. Criminal Code of Ukraine: the Law of Ukraine No. 2341-ІІІ dated April 5, 2001. URL: https://zakon.rada.gov.ua/laws/ show/2341-14/conv#n845 (in Ukrainian).
4. Criminal Procedure Code of Ukraine: the Law of Ukraine No. 4651-VI dated April 13, 2012. URL: https://zakon.rada.gov.ua/laws/show/4651-17#Text (in Ukrainian).
5. Civil Code of Ukraine: the Law of Ukraine No. 435-IV dated January 16, 2003. URL: https://zakon.rada.gov.ua/ laws/show/435-15#Text (in Ukrainian).