Encyclopedia

Confiscation


1. In cases provided for by law, property may be seized without compensation from the owner by court decision as a sanction for committing a crime or another violation (confiscation)

Source: "Civil Code of the Russian Federation (Part One)" dated 30.11.1994 No. 51-FZ (as amended on 03.12.2012)

1. Confiscation of property is compulsory, gratuitous seizure and transfer to state ownership based on an indictment verdict of the following property:

(as amended by Federal Law No. 280-FZ dated 25.12.2008)

a) money, valuables and other property obtained as a result of committing crimes provided for by paragraph 2 of Article 105, paragraphs 2-4 of Article 111, paragraph 2 of Article 126, Articles 127.1, 127.2, paragraph 2 of Article 141, Article 141.1, paragraph 2 of Article 142, Article 145.1 (if the crime was committed for profit motives), Articles 146, 147, Articles 153-155 (if the crimes were committed for profit motives), Articles 171.2, 183, paragraphs 3 and 4 of Article 184, Articles 186, 187, 189, paragraphs 3 and 4 of Article 204, Articles 205, 205.1, 205.2, 206, 208, 209, 210, 212, 222, 227, 228.1, 229, 231, 232, 234, 240, 241, 242, 242.1, 275, 276, 277, 278, 279, 281, 282.1, 282.2, 283.1, 285, 290, 295, Articles 307-309, 355, paragraph 3 of Article 359 of this Code, or property that is the subject of illegal movement across the customs border of the Customs Union within the framework of the Eurasian Economic Community (EAEU) or across the State Border of the Russian Federation with member states of the Customs Union within the framework of the EAEU, for which liability is established by Articles 226.1 and 229.1 of this Code, and any income derived from this property, except for the property and income derived from it, subject to return to the lawful owner;

(as amended by the Federal Laws of December 25, 2008 No. 280-FZ, May 4, 2011 No. 97-FZ, July 20, 2011 No. 250-FZ, December 7, 2011 No. 420-FZ, March 1, 2012 No. 18-FZ, November 12, 2012 No. 190-FZ)

b) money, valuables and other property, in which the property obtained as a result of committing at least one of the crimes specified in the items listed in paragraph "a" of this part, and income from this property were partially or fully converted or transformed;

(as amended by the Federal Law of December 25, 2008 No. 280-FZ)

c) money, valuables and other property used or intended for financing terrorism, an organized group, an illegal armed formation, a criminal community (criminal organization);

d) tools, equipment or other means of committing a crime belonging to the accused

Source: "Criminal Code of the Russian Federation" dated June 13, 1996 No. 63-FZ (as amended on November 29, 2012)

1. Confiscation of property includes the compulsory and gratuitous seizure of property specified in the enforcement document from the debtor or other persons, and its transfer to state organs or organizations for conversion into state ownership in accordance with their competence established by the Government of the Russian Federation

Source: Federal Law No. 229-FZ dated October 2, 2007 (as amended on July 28, 2012) "On Enforcement Proceedings" (with amendments and additions coming into force on October 29, 2012)

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