RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 14, 2018 No. 17

About some questions connected using confiscation of property in criminal trial

Due to the questions arising at courts in case of confiscation of property on criminal cases for the purpose of ensuring the correct and uniform application by courts of the regulations of the penal and criminal procedure legislation regulating the bases and procedure for confiscation of property, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

1. Draw the attention of courts that application of measure of criminal and legal nature in the form of confiscation of property (Chapter 15.1 of the Criminal Code of the Russian Federation (further - the Criminal Code of the Russian Federation), consisting in its forced uncompensated taking and the address to property of the state, can be connected with restriction of constitutional right of citizens for private property and it shall be performed by court in strict accordance with provisions of the Constitution of the Russian Federation, the conventional principles and rules of international law and international treaties of the Russian Federation, requirements of the penal and criminal procedure legislation.

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