PROBLEMS OF ENFORCEMENT OF PROPERTY CONFISCATION
The article analyzes the legal problems of the execution of confiscation of property as another measure of a criminal nature. It is noted that the regulation of the institution of confiscation of property contains a number of insufficiently elaborated points, as a result of which problems arise in the enforcement of this measure. In particular, the authors note the drawback associated with the contradictory nature of the execution of decisions on the confiscation of property instead of the object of confiscation or comparable in value with such an object. The absence of the object itself, which can be seized from the convicted person, makes it impossible to implement this measure of criminal legal influence, but at the same time does not generate any additional obligations for the guilty person within the framework of enforcement proceedings, and in the absence of property does not undergo adverse consequences at all. The formulations used by the courts in the absence of the subject of confiscation only grant the right to State bodies to carry out the procedure of enforcement proceedings in the future with respect to property that may appear in the convicted person. It is noted that the existing legal regulation unreasonably restricts the possibility of confiscation of property by subjective awareness of the illegality of its origin. It is concluded that the norms of civil law can act as a more universal means of legal regulation of the issues of the emergence, modification or termination of property rights during the confiscation of property.