employee from 01.01.2017 to 01.01.2025
Kazan', Kazan, Russian Federation
Introduction. The institution of property confiscation, regulated by Chapter 15.1 of the Criminal Code of the Russian Federation, is an effective tool for implementing criminal law policy. In light of recent legislative changes, the confiscation of vehicles used in the commission of crimes related to road safety while intoxicated (Articles 264.1-264.3 of the Criminal Code of the Russian Federation) has become particularly important. The introduction of a special ground for such confiscation in 2022 (Part 1, Article 104.1 of the Criminal Code of the Russian Federation) was aimed at strengthening the fight against recidivist crime in this area. The significance and complexity of the enforcement of this measure is confirmed by the fact that it has recently become the subject of active scientific research, as evidenced by the large number of publications on the confiscation of vehicles [1-6]. A notable feature of the new rule's enforcement is that it has become a major catalyst for court disputes at the cassation stage. While other aspects of the verdict (such as the imposition of punishment, the assessment of evidence of guilt, etc.) are less frequently challenged, the decision to forcibly seize an expensive asset, such as a car, is almost always subject to thorough review by the courts of cassation. Materials and methods. The study is based on general scientific and specific scientific methods of cognition: dialectical, formal-logical, comparative-legal, and historical-legal. The empirical base of the study includes published practice of cassation courts of general jurisdiction, resolutions of the Plenum of the Supreme Court of the Russian Federation, and scientific works on the issues of confiscation and cassation proceedings. The Results of the Study: The analysis of the practice of cassation courts of general jurisdiction revealed the formation of a uniform approach to the application of vehicle confiscation in the case of committing a crime in the field of road safety while intoxicated. First, the courts consistently establish the actual owner, linking the transfer of ownership not to a formal contract, but to the actual transfer of the vehicle, and recognizing transactions made near the time of the crime as invalid. Secondly, the cassation practice interprets the concept of ownership expansively, including vehicles that are both jointly owned by spouses and acquired during the period of de facto marriage, i.e., before the marriage is registered. Thirdly, the mandatory nature of confiscation has been confirmed – the courts unanimously reject the convicts’ references to their difficult life circumstances and health conditions, emphasizing the public-preventive nature of this measure. Finally, in cases where the vehicle cannot be physically seized, the practice actively applies the confiscation of an equivalent monetary amount (Article 104.2 of the Criminal Code of the Russian Federation), placing the burden of proving the bona fide of the transaction on the convict. Findings and Conclusions. The confiscation of vehicles under Part 1 of Article 104.1 of the Criminal Code of the Russian Federation has become the dominant subject of cassation appeals in cases of crimes committed by intoxicated road users. The established practice is characterized by strict formalization and is aimed at ensuring the priority of public interests over private interests. By overcoming the formalism of lower courts, the courts of cassation have created a stable legal regime that effectively counteracts the abuse of power by convicted individuals. This ensures that the goals of confiscation as a criminal measure are effectively achieved, with a focus on protecting society from individuals who consistently violate traffic regulations and criminal laws while intoxicated. Keywords: confiscation, vehicle, cassation court, appeal against a verdict, road safety, intoxication, criminal measure, ownership, fictitious.
confiscation, vehicle, cassation court, appeal against a verdict, road safety, intoxication, criminal measure, ownership, fictitious
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