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Analysis of the practice of the High Anti-Corruption Court regarding the application of sanctions in the form of confiscation of assets to the state budget for 2022-2025Analysis of the practice of the High Anti-Corruption Court regarding the application of sanctions in the form of confiscation of assets to the state budget for 2022-2025
This study presents an analysis of 56 cases of the High Anti-Corruption Court in which the sanction of asset forfeiture to the state was applied. The Analytical Center “Institute of Legislative Ideas” draws attention to the procedural and substantive legal features of this category of cases and offers recommendations aimed at ensuring compliance with the principles of the rule of law and fair trial in the consideration of these cases. In particular, it highlights issues such as: time limits for bringing cases to court, time limits for considering cases, jurisdictional immunities, proper notification of the defendant, application of standards for considering cases in absentia, applicable standards of proof, temporal application of the law, proving the conditions for applying the relevant sanction, establishing the ownership of assets by the defendant, and possible risks of violating the rights of third parties, among others.This study analyzes 56 cases of the High Anti-Corruption Court in which the sanction of asset forfeiture to the state was applied.
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