Problems and prospects of enforcement proceedings on confiscation of property

Goal of the research. This chapter deals with confiscation as a sanction of property nature imposed by the court and enabling law enforcement agencies to interfere with the constitutionally enshrined right of private property for reasons of protection of public interests.

Conclusions. Since the measure in question is of an inter-sectoral nature, its execution is not regulated by any separate branch, which creates difficulties when it is necessary to qualify it and determine the legal consequences of its execution. This measure may be regulated by the legislation on enforcement proceedings, its general procedure for debt obligations. However, in practical implementation there are problems associated with difficulties for law enforcement agencies, when it is necessary to actually establish the location of the property subject to confiscation, the issues of the process of its practical seizure, preservation. And to a greater extent related to the fear of violation of constitutional rights of citizens, whose property seized for confiscation purposes may have a disputable nature of belonging to the debtor or be held by third parties, including bona fide purchasers. To this should be added judicial errors that occur when imposing this sanction. As a result, this study concludes that it is necessary to improve law enforcement practice regarding the legality of confiscation of property assets. The author proposes the development of a separate legislative act regulating the process of confiscation of property.