Actual problems of the return of assets obtained by criminal means in criminal proceedings

Abstract

The article is devoted to the study of the theoretical foundations and practical problems of returning assets acquired as a result of the commission of crimes in the criminal proceedings of Ukraine. It was noted that bringing a person to criminal liability for committing corruption and other crimes necessarily should include comprehensive activity on the return of the proceeds of crime, named its main structural elements: the purpose, subjects of realization, objects of search and stages of implementation of such activities. It is indicated that the purpose of such activity is to minimize the negative consequences of a crime by resorting to the acquisition of illegal assets into the state's income, as well as preventive influence, and the object is the proceeds of crime. It is proved that the activity of returning the assets obtained by the crime gull in a criminal proceeding includes the following operations: detection, search, arrest, management and special confiscation of such assets, and its subjects are the investigator, the prosecutor, the investigating judge, the court and officials of the National agencies of Ukraine on the detection, tracing and management of assets derived from corruption and other crimes. The analysis of leading international experience in the field of return of assets obtained as a result of the commission of crimes has been analyzed. The legal status, functions and powers of the National Agency of Ukraine for the detection, investigation and management of assets derived from corruption and other crimes as the subject of such activity are investigated.