CIVILINIS TURTO KONFISKAVIMAS KAIP ORGANIZUOTO NUSIKALSTAMUMO UŽKARDYMO TEISINIS INSTRUMENTAS

Abstract

The article examines the problematic aspects of newly created civil property confiscation and concludes that seizure of property per se poses a number of problems in administrative and criminal law that need to be adressed. Moreover, it will be even more problematic in civil proceedings, which should not include criminal law categories and institutes that do not adapt to this process. Criticizing the unclearness and ambiguity of the definitions contained in the draft legislation and the incompleteness, illogicality and contradiction to fundamental legal principles in the draft legislation itself, the author acknowledges that, in keeping with the principle of proportionality, there could be established a model for the confiscation of civil assets, which would allow the property to be seized as evidence when proved the illegality of its origin. The measures laid down and applied by law should be proportionate to the objective pursued, without limiting the rights of the individuals beyond what is necessary to achieve as a legitimate and universally important objective, and would not create suggestions for abuse. The article proposes to consider the creation of a new set of documents that meet the requirements of the constitutional and international instruments.