Russian Federation
The article is devoted to the analysis of judicial practice related to the application of the norm on the confiscation of a vehicle belonging to the accused and used by him in the commission of a crime. The typical ways of the accused to avoid the use of confiscation and the circumstances that should be established during the investigation of a criminal case are investigated.
proof, confiscation, recovery, vehicle, imaginary transaction
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2. On Amendments to the Criminal Code of the Russian Federation and the Code of Criminal Procedure of the Russian Federation in terms of strengthening responsibility for violation of traffic Rules and operation of vehicles by drivers deprived of the right to drive vehicles: explanatory note to the draft federal law no. 130391-8. Access from the reference legal system “ConsultantPlus”. URL: https://sozd.duma.gov.ru/bill/130391-8 (accessed 05.02.2024). (In Russ.)
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5. The Family Code of the Russian Federation no. 223-FZ dated December 29, 1995 (as amended on July 31, 2023) (with amendments and additions, intro. effective from October 26, 2023). Collection of legislation of the RF, 1996, no. 1, art. 16. (In Russ.)
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7. On the state registration of vehicles in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation: federal law no. 283-FZ dated August 3, 2018 (as amended on April 14, 2023). Collection of Legislation of the RF, 2018, no. 32 (part I), art. 5076. (In Russ.)
8. Ruling of the Judicial Board for Civil Cases of the Supreme Court of the Russian Federation no. 14-KG17-30 of dated December 5, 2017. Access from the reference legal system “ConsultantPlus” (accessed 18.01.2024). (In Russ.)
9. On the practice of consideration by courts of a civil claim in a criminal case. Bulletin of the Supreme Court of the Russian Federation, 2020, no 12. (In Russ.)
