That bailiffs do not have the right to seize. What can bailiffs take for debts? Do bailiffs have the right to describe the property of relatives

Today, there are often cases when, after a court decision, funds are recovered from the debtor; bailiffs and executors deal with these issues. If the defendant does not challenge the decision within the allotted time, then he will face seizure of his property and bank accounts. But the debtor must know what property is not subject to seizure by bailiffs, this will help protect his rights.

Housing

Many people mistakenly believe that they can lose the roof over their head for debt, but this is a big mistake. In fact, the only housing and land plot on which a private house is built is not subject to arrest, if it is the only property of the debtor.

It’s another matter if the debtor owns other residential real estate. She can be arrested. But there are significant limitations here too. If the property is in shared ownership and the defendant is not the sole owner, then bailiffs will not be able to seize the property. Another nuance is that the value of real estate must be comparable to the amount of debt. Here we are not talking about mortgage debts, because in this case the housing is pledged to the bank and will be repossessed if the borrower fails to fulfill its obligations under the loan agreement.

But this does not mean that seizure cannot be imposed on other personal belongings, household items, furniture and equipment. Next, you should carefully consider what property is not subject to seizure by bailiffs.

Personal items

Here, each debtor has many questions, and each of them requires individual consideration. First of all, personal items are not subject to seizure; these include shoes, clothing, personal hygiene products, and food. This does not apply to luxury items and jewelry; they can be confiscated, but only if their value corresponds to the size of the debt.

Quite a lot of questions still remain. For example, can high-value clothing, such as a fur coat, be confiscated? In fact, no, they cannot, because it is an item of clothing, but if something like this does happen, the debtor has the right to file a lawsuit and return the property back. But more on this procedure below.

Furniture

An exciting question: what pieces of furniture can bailiffs seize? The law does not provide for the seizure of such property, especially if the apartment has old furniture. If bailiffs threaten to describe interior items, this does not apply to furniture. And, for example, antiques, luxury items, expensive paintings and much more can be confiscated if their value is close to the amount of the debt. In addition, the task of bailiffs is to seize and sell the debtor’s property, and old furniture is not of particular value to them.

Appliances

This is also a controversial issue. Bailiffs cannot seize household appliances, without which it is difficult for a person to exist. First of all, these are kitchen stoves; they are necessary in everyday life for cooking. Without them, it is difficult to provide a family with adequate nutrition, which means that the rights of citizens are violated, which does not comply with the law. The same is true for a home refrigerator, without which it is impossible to store food that a person needs every day.

But this rule does not apply to other household appliances, such as microwave ovens, washing machines, multicookers, and televisions. According to bailiffs, these are luxury items, and there is no ban on their seizure. But do not despair; it is enough to challenge this decision in court if it can be proven that the seizure of property will sharply worsen the debtor’s situation. By the way, if there are, for example, two stoves or refrigerators, or several televisions in the house, then they can be confiscated.

Gifts, prizes and awards

Gifts and prizes are the property of the debtor, but it is impossible to seize them. As well as for state awards, bonuses and more. But this does not apply to inheritance, that is, if a debtor inherited any property and it became his property, then he can be arrested for debts. It is impossible to sell the means necessary for the existence of a disabled person, for example, strollers and cars.

State awards are a separate issue; they were received for some merit, and third parties have no right to claim them. Accordingly, bailiffs cannot seize them for the purpose of subsequent sale.

Professional items

Property that is necessary for professional activities is not subject to seizure. That is, property that generates income. For example, if the defendant works in a taxi, then it is impossible to seize his car, or he is a musician and needs a musical instrument. The exception is the high cost, exceeding 100 times the minimum wage. But, accordingly, it can only be withdrawn if the amount of debt corresponds to the value of the item.

Property that is used by his children, such as a computer, cannot be seized from the debtor. If a child is a school student, then this item is necessary for his studies and cannot be confiscated.

Agricultural property

For a rural resident, the main source of food is their own farm. Bailiffs cannot sell livestock, the products they produce, and the feed for their maintenance. This is the case if we are not talking about entrepreneurial activity. In simple words, if the debtor keeps the farmstead not for sale, but for his own use, then it cannot be seized. The same applies to the seeds needed for the next sowing season.

In some cases, it is impossible to seize transport if it is necessary for movement from a rural area to, for example, a place of work. Buildings and structures for keeping livestock are also not subject to seizure.

Non-touchable items include fuel, such as firewood, which is used to heat the room and is a source of cooking.

Cash

The first thing that is seized is bank accounts. Credit cards are prohibited because they are not the property of the defendant, but belong to the bank, and therefore it is impossible to seize them. The salary account can be frozen, but not completely, the maximum amount is 50%, and the balance cannot be less than the minimum wage in the region. But the bailiff’s duties do not include finding out where and why the funds are coming to the debtor’s account. To lift the ban, you need to contact the bailiff service and document that this is wages.

Child benefits, alimony, subsidies and other payments also cannot be seized. Similarly, you need to prepare documents and contact the bailiff service. The seizure will be lifted, and the debtor can receive the previously seized funds.

Cash found during the inventory of property can be withdrawn, but only partially; the remaining amount should not be less than the subsistence level. And accordingly, there cannot be more than the amount of debt.

Other property

There is other property that is not subject to seizure. These are religious items. These include books, icons and other attributes, as well as items that do not belong to the debtor, but to other family members living in the same living space. But this fact will need to be proven in court.

The controversial issue is the property of the spouses. On the one hand, all property is jointly acquired, including debts. For example, if the defendant took out a loan during marriage, but was unable to repay it, his wife was not a guarantor or co-borrower, then recovery will be from joint property. The only exception is if one of the spouses did not know about the loan and did not use it, which will be difficult to prove.

There are many nuances regarding what property is not subject to seizure by bailiffs. Even if the law does not provide for a ban on the sale of property, but the debtor really needs it, then it is wiser for him to file a claim in court and provide evidence. Then he might be able to defend it.

Illegal actions of the bailiff

There are often cases when the bailiff tries to collect the debt from the defendant at any cost, and at the same time he is of little interest in whose property was seized, even if it was acquired by third parties. Many legally illiterate debtors are ready to give away even those items that no one has the right to take. But this is far from correct.

First, the bailiff comes to the defendant’s house and seizes his property, that is, the owner loses the right to dispose of his property, he cannot sell it, donate it, or destroy it. If the defendant does not agree with the actions of the bailiff, then he has the right to file a claim in court. This also applies to cases where the owner does not agree with the assessment of the value of the item. Then an examination is appointed, and according to its conclusion, the final price is determined.

In general, in case of any disagreement, you should not be afraid to go to court. There is no state fee for the claim, the procedure will not take much time, but this will provide an opportunity to legally defend your rights.

Conclusion

Every citizen, especially a debtor, must know exactly what property is not subject to seizure by bailiffs. In addition, you can resolve the issue without arrest, for example, go to court with a request for a deferment or installment plan. Or challenge the actions of bailiffs. These measures will not help you get rid of debt, but they will help you gain time, collect the necessary amount and pay off the debt. It is just impossible to sell the property that was described. It should also be taken into account that if the amount is less than 3,000 rubles, then no one will be able to seize the debtor’s property or his funds.

Proceeds from this property obtained as a result of committing crimes, illegally transported across the state border.
Intended for financing criminal, terrorist organizations, and armed groups.
Instruments for committing a crime that belong to the accused.
If illegally obtained property is transferred to another person, it may be confiscated. But to do this, you need to prove that the recipient knew about the origin of the property (acquired as a result of criminal acts).
If illegally obtained property cannot be confiscated due to sale, loss, etc., an equivalent amount of money is recovered from the person found guilty. If the money cannot be seized, property of comparable value is seized.

What property cannot be seized for loan debts?

The answer to these questions is laid down in the Civil Code of the Russian Federation. In accordance with Article 24 of the Civil Code of the Russian Federation, when lending, Russian citizens are liable for their obligations with all their property, with the exception of property that, in accordance with the law, cannot be foreclosed on. And in accordance with the Civil Procedure Code of the Russian Federation (Article 446, paragraph 1), debt collection cannot be applied to the property of citizens according to the established list, which today includes:

How to avoid confiscation of property in case of loan debt

Confiscation of property can be carried out solely on the basis of a court decision and carried out only by bailiffs. Also, do not forget that not all property may be subject to confiscation. In the case where the property is, for example, a source of income, it is not subject to confiscation. Among other things, in order for the debtor to avoid unpleasant incidents associated with the confiscation of property, it is best to re-register it in the name of relatives in advance. After all, if there is nothing to take away, then there will be no unpleasant events either.

If the situation has not changed by the time the property is found, it is seized. The debtor's cash accounts are seized first, followed by other valuables. Now, in order to preserve the property, all that remains is to ensure that the actions of the bailiff are legal.

First, the debtor is notified in writing that they will come to him to describe the property. The bailiff makes a visit regardless of whether the debtor has read the notice or not. Moreover, the notification of the commencement of enforcement proceedings is given to the debtor personally against signature.

Confiscation of property, Legal expert

Procedure for confiscation of property

financial assets and other property that a person received as a result of illegal actions;
financial assets and other property, the transportation of which was illegally carried out across the border line;
various incomes received in the process of selling property obtained by criminal means;
financial assets, valuables and other property used for terrorist or criminal activities;
tools and objects with which the accused committed crimes.

Confiscation of property

Important! A person whose property has been confiscated has the right to return it after paying the debt within 5 days after the confiscation procedure. If the bank does not receive funds to repay the loan debt, the property is transferred to bailiffs, put up for sale and sold at a price not lower than the market value.

What can a bailiff take for debts?

In any case, really valuable things should be removed from your home to avoid accidents. The bailiff can still describe all the property, so there is the option of going to court with an application to exclude the property from the general inventory. To do this, you will need to provide compelling evidence that the things do not belong to the debtor.

What bailiffs can take for debts

The interaction of enforcement service employees with defaulters begins with the bailiff receiving a copy of the court decision. This paper arrives 5 days after the verdict is announced. Then the debtor is given another 5 days to voluntarily repay the arrears, and then the procedure for collecting property begins. In this case, the inspector is guided Federal Law No. 229 " About the executive service» .

What property is not subject to seizure by bailiffs: list and explanations

Confiscation of property in the criminal law of the Russian Federation

The only habitable housing.
The land plots where this housing is located.
Personal items: clothes, shoes (but jewelry can be confiscated!).
Items of ordinary home furnishings, household items.
Property for professional activities (artist’s brushes and canvases, writer’s manuscripts).
Domestic animals that are NOT used for business activities (chickens, cows, pigs, bees).
Food products that are intended for the person who has committed a socially dangerous act and for his family.
Seeds for the next sowing.
Fuel and resources needed for cooking.
Property and vehicles that the offender needs due to his disability.
State awards, prizes and certificates.

What the bank cannot confiscate from debtors

Bailiffs have the right to seize valuables (including luxury items) owned by the debtor, the value of which will cover the amount of the debt. Household appliances, equipment, jewelry and products, vehicles, etc. can be confiscated.

Legal ways to protect property from seizure by bailiffs

In relations between debtor and creditor, justice is established through the court. If a citizen does not want to voluntarily return previously borrowed funds, then after considering the claim from the lender, a completely logical decision may follow to forcefully collect the debt. In this case, you should first find out how to protect your property from bailiffs.

What can bailiffs take for debts?

request from the debtor the necessary information regarding enforcement proceedings and personal data;
check one or more identification documents;
enter the premises that belong to the debtor and inspect it; if the bailiff cannot do this by a voluntary decision of the citizen, he has the right to take coercive measures;
if the debtor shows resistance up to the point of threatening the life of the performers, within the framework of the law it is allowed to use special means and firearms;
call debtors to the regional department of the FSSP to resolve issues regarding enforcement documents;
check financial documents on the debtor’s income in the accounting department of his employer;
arrest, seize or transfer for storage the property of the debtor;
impose restrictions on bank accounts and cards, valuables stored in safes in the amount specified in the executive document;
sell property;
put the debtor, his children and property on the wanted list;
get help from employees of internal affairs agencies, migration registration, and the FSB.

Publications, 14:50 01/27/2012

Right to debt: the bailiff can break down the door in the absence of the owner

Context

Finding yourself in debt is as easy as shelling pears: late payment of utilities, transport or land taxes, alimony, late repayment of a mortgage or other bank loan. If you were unable to repay the debt voluntarily after it was recognized by the court, you need to prepare to communicate with bailiffs. Including their coming to “visit” the house.

What does the law allow bailiffs to do, and what rights and guarantees do debtors have? Let's look at the most common questions that arise in practice.

"Let's disperse peacefully"

Strictly speaking, even if your “case” fell into the hands of bailiffs, there is still a chance to disperse peacefully, without the use of enforcement measures of the court decision. According to the law, in cases of debt collection, the bailiff first sets a deadline for the debtor’s voluntary fulfillment of the requirements contained in the writ of execution. Such a period is indicated in the resolution on the initiation of enforcement proceedings and cannot exceed five days (Article 30 of the Law “On Enforcement Proceedings”). The countdown begins from the day the debtor received the order.

In practice, complaints are often encountered: we were not given any “summons”, we did not sign any documents confirming receipt of the resolution... Keep in mind: in fact, the law does not require that the resolution to initiate enforcement proceedings must be handed over to the debtor personally against signature. In accordance with Part 17 of Article 30 of the Law “On Enforcement Proceedings,” a copy of the resolution is sent to the debtor at the address specified in the enforcement document. As a rule, we are talking about the registration address at the place of residence (“registration”). “If a citizen has not notified the registration authority about a change of address of residence or place of stay, then correspondence is sent to the last known address, and the debtor is also considered notified,” explains First Deputy Director of the Federal Bailiff Service (FSSP) Sergei Sazanov.
Those who did not have time (could not) voluntarily repay the debt within the period specified by the bailiff will face a financial sanction. Namely: in addition to the amount of debt, you will have to pay an enforcement fee in the amount of 7% of the amount to be collected.

"Open the door!"

As a general rule, bailiffs can carry out enforcement actions on weekdays from 6 a.m. to 10 p.m. (Article 35 of the Law “On Enforcement Proceedings”). “Tormenting” a debtor at night and on weekends is allowed only in exceptional cases that cannot be delayed: when a court decision related to the holding of elections, the expulsion of foreigners from the Russian Federation, etc. is being executed. (Part 3 of Article 35). Situations involving the collection of monetary debt do not apply to such cases.

The “sick” issue of a bailiff’s home visit is resolved as follows. According to Article 12 of the Law “On Bailiffs,” the bailiff has the right to “enter premises occupied by or belonging to debtors, inspect said premises and... if necessary, open them.” In other words, the law allows the bailiff to break down the door if the debtor refuses to open it. The bailiff can also visit and “open” the home in the absence of the debtor.

To enter an apartment (house) without the consent of the debtor, it is enough for the bailiff to have written permission from the senior bailiff (clause 6 of part 1 of Article 64 of the Law “On Enforcement Proceedings”). And when seizing property that must be seized and sold to pay off the debt, the presence of witnesses is required (Part 5 of Article 80 of the same law). The act of seizure is signed by the bailiff, witnesses and other persons present at the arrest, including the debtor (if he was at home) or other household members. Refusal to sign “as a sign of protest” will not play a special role: an appropriate note will simply be made in the act, which will not detract from its power.

What can they take away?

The Federal Bailiff Service explains: it is assumed that in the apartment where the debtor lives, he can own any things. Based on this, the bailiffs begin to describe any property located in the housing that can be subject to foreclosure. In such a situation, the relatives of the debtor and other residents, in order to defend the rights to their own things, need to apply to the court with a claim to release the property from seizure or exclude it from the inventory (Article 119 of the Law “On Enforcement Proceedings”). In this case, you will have to prove the ownership of things: with the help of receipts, contracts, witness statements, etc.

As for the list of property that cannot be foreclosed on, it is listed in Article 446 of the Civil Procedure Code of the Russian Federation. The Code of Civil Procedure includes “untouchable” things, in particular, food and money “for a total amount not less than the established subsistence level of the debtor citizen and his dependents”; “items of ordinary home furnishings and household items”, personal items (clothing, shoes and others), with the exception of jewelry and other luxury items.

Debtors often have questions: can a refrigerator, stove, washing machine, or computer be confiscated? The FSSP responds that the first two “units” are recognized as necessary to maintain normal life activities, therefore they are usually not included in the inventory of property for seizure. A washing machine may be considered a “vital necessity” if the family has small children and (or) the debtor is disabled. The computer, alas, will most likely be seized. There is a chance to achieve its preservation if the PC serves as a “tool of production” for the debtor: that is, when the citizen officially has a job related to performing tasks on a computer at home (designer, programmer working “remotely,” etc.).

As for the housing itself, as a general rule it cannot be arrested and seized if it is the only one suitable for permanent residence of the debtor and members of his family. However, remember the exception: if an apartment or house was purchased with a mortgage, then they can easily be seized and transferred for sale in case of debt on the mortgage loan.

Anna Dobryukha

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Confiscation of property in the criminal law of the Russian Federation was abolished as a punishment in 2003.

Before this, in the Criminal Code of the RSFSR (and in the first edition of the Criminal Code of 1997), it was recognized as such and had sad consequences: “exposing the kulaks,” “taking away housing” and all property.

This does not mean that confiscation has completely “gone away” from criminal law. She still used today as a coercive measure of a criminal legal nature.

How does the “modern” confiscation of property in the criminal law of the Russian Federation differ from the one that existed before?

Criterion for comparison	Confiscation - punishment (in Soviet times and before the 2003 amendments).	Confiscation is a measure of a criminal law nature (since 2003)
What is being confiscated?	Any property (except for that which was not subject to seizure). In practice, this turned into the famous “dekulakization.”	Only types of property that are specifically indicated in Article 104.1.
For whose benefit is it being confiscated?	All property is transferred to the ownership of the state.	In favor of either the state (most often) or the victim.
On what basis is property seized?	Indication of confiscation as a sanction in a specific article of the Criminal Code.	Committing crimes that are listed in paragraph “a” in Part 1 of Art. 104.1 CC.

Is there confiscation of property in Russia?

Yes, I have. But confiscation of property in the criminal law of the Russian Federation is this is not a punishment. It's more of a measure, which helps restore justice and protect society from a dangerous illegal act and the consequences of its commission.

What property can be confiscated?

Article 104.1 of the Criminal Code of the Russian Federation directly states 4 types of property that can be seized free of charge in favor of the victim or in favor of the state:

Instruments/means of committing a crime.
Property that was used or intended for “terrorist purposes.” For example, this is money for financing terrorism, funds for the activities of an organized group, posters and equipment for extremist activities, weapons for an illegal armed group or a criminal community (criminal organization).
Converted money, values, income. For example, when property is obtained as a result of criminal activity, and then it is “allegedly under the guise of a civil transaction” transferred to a third party.
Property obtained as a result of crimes.

For what crimes can property be confiscated?

Confiscation of property as a measure of a criminal legal nature applies only to a closed (exclusive) list of crimes.

Article 104.1 of the Criminal Code of the Russian Federation directly names these crimes:

In total, the Criminal Code has 74 articles that provide for confiscation. But “just an article” is not enough for confiscation. It is necessary to additionally prove at least 1 of the facts.

that the property was obtained as a result of the commission of a crime;
that this property was an instrument or means for committing a crime;
that the property was purchased with proceeds from criminal activity.

Confiscation of property: legal nature and application issues

Confiscation of property, legal nature and application issues have long been permitted by law:

If it is impossible to seize property obtained as a result of criminal activity, then confiscation of a sum of money is allowed.
The decision on confiscation of property as a measure of a criminal law nature is made by the court.
The court order clearly lists all the things that are subject to confiscation.
The instruments of the crime are destroyed or transferred to government agencies by court decision.
Items obtained by criminal means are transferred to the rightful owner (or third parties).

Life situation. For example, as a result of a murder coupled with robbery, the criminal Vanya took possession of Irina’s gold chain. After that, he gave this chain to his wife Vasilina. The property was obtained by criminal means, this jewelry will be taken away from Vasilina and given to Irina (the rightful owner). If it is not possible to return the jewelry “in kind,” then Vanya will have to return the monetary value of the gold chain to Irina.

What property is not subject to confiscation? What does the law say about property confiscation?

There is no separate law on property confiscation. The Criminal Code also does not indicate a list of objects that cannot be seized. Therefore, to answer the question, we turn to Article 446 of the Code of Civil Procedure.

It states What property cannot be confiscated:

The only habitable housing.
The land plots where this housing is located.
Personal items: clothes, shoes (but jewelry can be confiscated!).
Items of ordinary home furnishings, household items.
Property for professional activities (artist’s brushes and canvases, writer’s manuscripts).
Domestic animals that are NOT used for business activities (chickens, cows, pigs, bees).
Food products that are intended for the person who has committed a socially dangerous act and for his family.
Seeds for the next sowing.
Fuel and resources needed for cooking.
Property and vehicles that the offender needs due to his disability.
State awards, prizes and certificates.

If the item listed is a direct result of criminal activity (for example, a house was bought with a bribe or with drug money), then such property may also be confiscated.

The court makes a verdict.
A writ of execution is drawn up and sent to the bailiffs.
The property is seized.
An act of acceptance and an inventory of property are drawn up (in the presence of witnesses, as well as the bailiff and the debtor).
The acceptance certificate and inventory are sent to the debtor within 5 days so that he can indicate the property that is not subject to alienation.
The property is transferred to the disposal of government agencies.

The procedure for confiscation of property by bailiffs described briefly so that you can imagine the sequence of actions.

In practice, everything is regulated by deadlines; the procedure lasts for 2-5 weeks.

Brief summary especially for those who are too lazy to read all the material:

Confiscation of property in the criminal law of the Russian Federation since 2003 not seen as punishment, but is considered a measure of a criminal legal nature.
The Criminal Code contains a transfer 74 crimes for which confiscation is provided. Confiscation is provided for terrorism, calls for terrorist activities (including using the Internet), money laundering, involvement/forcement in prostitution, drug trafficking, bribery and other crimes.
Article 104.1 of the Criminal Code of the Russian Federation contains 4 categories of property, which may be subject to confiscation.
Scroll property not subject to confiscation, located in st. 446 Code of Civil Procedure (but it all depends on the specifics of the illegal act committed).
Property can be transmitted the victim or the property of the state.
The order and procedure for confiscation are regulated in the Civil Procedure Code, the basis is a judicial act. The exception is the so-called “customs crimes”(import of undeclared goods and others). In this case, a customs officer has the right to carry out confiscation without a court decision.

In the article we examined the main points related to the confiscation of property in the criminal law of the Russian Federation. The 2019 Criminal Code provides for confiscation as a measure of criminal law for 74 types of crimes. Remember that the final decision is made by the court, which also determines the legal state of affairs.

Video: Confiscation of property

Continues to understand the legal aspects of various aspects of our lives. Today, together with Anastasia Pavlyuchenko, a lawyer at the Revera Consulting Group Ltd. law office, we will talk about in what cases and what kind of property can be confiscated from you.

The Constitution of Belarus provides that the state guarantees everyone the right to property and its protection. Forced alienation of property is permitted only on the grounds of social necessity, subject to the conditions and procedures established by law, with timely and full compensation for the cost of the alienated property, as well as in accordance with a court order.

Confiscation is precisely a method of forcibly taking property into the ownership of the state by court order. The legislation provides for confiscation as a punishment for a criminal offense, as well as as a penalty for an administrative offense.

What is confiscation under the Criminal Code?

Confiscation of property is a criminal punishment that is imposed in addition to the main punishment (for example, imprisonment) and consists of the forced, gratuitous seizure of the property of a person convicted by a court for committing a crime into the ownership of the state.

Why can property be confiscated?

Confiscation of property may be ordered by the court if the following conditions are met in total:

the person has committed a serious or especially serious crime;
At the same time, the Criminal Code classifies intentional crimes as serious crimes, for which imprisonment for a term of 6 to 12 years is provided; for especially serious cases - imprisonment for a term of more than 12 years, life imprisonment or the death penalty. For the commission of other crimes for which the Criminal Code provides for more lenient punishments (these do not pose a great public danger and are less serious crimes), confiscation is not imposed;
the person committed the crime for selfish reasons;
The Criminal Code calls selfish motives that are associated with the desire to benefit from a crime for oneself or one’s loved ones (as well as to save one from material costs);
confiscation is expressly provided for in the article that establishes liability for the crime committed.

It is worth noting that confiscation can be mandatory (“with confiscation of property.”), and then it must be applied in any case when a person is convicted under this article, or it can be optional (“with confiscation of property or without confiscation.”), and in this case, the court must decide and justify in its verdict whether to apply confiscation or not.

That is, confiscation is applied, as a rule, in cases where, in connection with the commission of a crime that is quite serious from the point of view of social danger, a person has acquired some kind of material benefit. At the same time, the Criminal Code does not establish that the court must order confiscation in proportion to such property gain (for a bribe of $1,000, all the property of the convicted person can be confiscated). But when imposing confiscation of property, like any other punishment, the court must take into account the severity of the crime, information about the identity of the perpetrator, his family and financial situation.

Can family members' property be confiscated?

According to the general rule, according to the Criminal Code, property owned by the convicted person is subject to confiscation (an exception concerns the special confiscation of a vehicle in the event of repeated driving while intoxicated - in this case, the vehicle is subject to confiscation regardless of whose ownership it is in) .

In addition, property that is in common ownership can be confiscated, to the extent of the convicted person’s share. For example, a share in property acquired during marriage and which is the joint property of the spouses. In this case, confiscation cannot be applied to the share of other persons, in particular to the share of the spouse.

If the property of other persons is subject to confiscation (or arrest for the purpose of subsequent confiscation), then they have the right to defend their rights in court by filing a claim to release their property from seizure.

It should be noted that property that, for the purpose of concealment, was registered in the name of other persons under fictitious transactions is also subject to confiscation. Such transactions are often contracts of gift, purchase and sale without actual execution, marriage contracts, etc.

Law enforcement agencies have sufficient means to identify and challenge such transactions in order to apply and enforce property confiscation.

In addition, it is worth noting that obstructing the execution of punishment in the form of confiscation of property (including in the form of alienation or concealment of property) is an independent crime.

Apartments, fur coats, diamonds - what can be confiscated?

Any property of a convicted person may be confiscated, with the exception of those vitally necessary for him and his dependents. The list of such property is provided for in the legislation. This includes, in particular:

house, apartment in which the convicted person and his family live (that is, if the convicted person has one apartment in which he and his family live, then it cannot be confiscated);
the minimum required amount of furniture, clothing (with the exception of so-called luxury items, including valuable clothing, fur products);
food and money for a total amount equal to ten basic units for the convicted person and each member of his family.

All or part of the convicted person’s property may be confiscated. More often, courts apply complete confiscation. If partial confiscation is applied, then in the verdict the court indicates exactly what part of the convicted person’s property is confiscated (for example, ½), or lists specific items.

The lack of property of the accused is not an obstacle to the use of confiscation, since such property can be identified even after the pronouncement of the verdict (during its execution).

Additionally, it should be noted that the Criminal Code provides for the concept of special confiscation. It involves the seizure of instruments of crime belonging to the convicted person (for example, weapons), things seized from circulation (for example, narcotic drugs), as well as property and income acquired by criminal means, and is always applied regardless of the gravity of the crime, the motive for its commission and the presence of an indication in the article .

How does confiscation happen?

Confiscation as a criminal punishment is imposed only by the court in a verdict in a criminal case, which must indicate whether all or part of the property of the convicted person is subject to confiscation, as well as the reasons for the decision.

During the investigation of a criminal case, law enforcement agencies have the right to seize property, which in the future may be confiscated by a court verdict. Seizure of property consists of a prohibition to dispose of (sometimes a prohibition to use) this property or the seizure of property and transferring it for storage.

The execution of the penalty in the form of confiscation is carried out after the sentence enters into legal force by the enforcement authorities.

Can property be confiscated for an administrative offense?

Confiscation for an administrative offense is also an additional penalty, that is, it is imposed in addition to the main one (for example, a fine). It applies when this is directly stated in the relevant article of the Code of Administrative Offences.

Confiscation is subject to income received as a result of illegal activities, as well as the object, instruments and means of committing the offense, which are the property of the guilty person.

At the same time, the Code of Administrative Offenses in certain cases allows for the confiscation of the object, instruments and means of the offense, regardless of whether they belong to the perpetrator or other persons.

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