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Problems of Criminal Law Regulation of Special Confiscation in Ukraine

Anna Vynnyk1, Iryna Hazdayka-Vasylyshyn2, Taras Sozanskyi3 & Vitalii Gatseliuk4

The purpose of the article is to study the main problematic aspects of the legal regulation of special confiscation in the Criminal Code of Ukraine, which are related to legislative changes introduced by the Law of Ukraine “On amendments to certain legislative acts of Ukraine regarding a simplified pre-trial investigation of certain categories of criminal offences” from November 22, 2018 and the issue raised at the constitutional level regarding the inconsistency of the provisions on special confiscation with the Constitution of Ukraine. To obtain reliable results, a number of philosophical, general scientific and special research methods were used, namely: dialectical, formal-logical, hermeneutic, logical-semantic, comparative-legal, etc. As a
result of the study, the following was proved: the Ukrainian criminal legislation on special confiscation remains imperfect in terms of regulating the grounds and procedure for applying this measure of a criminal law nature; the main shortcomings of the legal regulation are due to both unsystematic legislative changes and the imperfection of legal techniques during their introduction.

Keywords: Special Confiscation, Confiscation of Property, Measure of Criminal Law Nature, Security Measure, Punishment.