What is confiscation? Meaning and definition

In jurisprudence, there are many important concepts that are not always unambiguous, which can fundamentally change a person's life if they are touched. Therefore, it is necessary to have an idea of the theory and practical application of some special things. Let's examine what is confiscation. This word is familiar to everyone. Probably, most citizens know exactly what is meant by it. However, the legal term is a little different from what people imagine when discussing news or events of ordinary life. It is necessary to deal with it in detail, so that the confiscation of a car or other property does not come as a surprise.

Definition

Let's look in the dictionaries. They say that the word "confiscation" means alienation or seizure of some property in favor of the state. That is, the owner is confiscated what he owns, and this is done on a no-cost basis. The property is taken by the decision of the state body, there is no money for reimbursement. Will you say that this is a uniform robbery? In fact, everything is not so simple. It is necessary to understand what confiscation is, not only by dictionaries, but also by studying the legislative base. Of course, it's just that property is not taken away. As the state positions itself (and is) the defender of the rights of citizens. Consequently, serious grounds are needed for confiscation. Imagine that a court or an official can decide to wean a house or car without leaning on the law. What will offended citizens do? It does not take much imagination to understand: simply the possibility of making such unreasonable decisions will destroy the state, bring the country into a terrible crisis. It is clear that no one is going to admit such a thing.

What is confiscation?

This is a special procedure, detailed in the legislation. In accordance with legal documents, confiscation is a measure of punishment that can be implemented in special cases. All of them are specified in the legislation. So, for example, money can be confiscated from a person who used them to carry out criminal activities. Such an event does not require judicial confirmation. It is carried out by decision of an official who is on duty in law enforcement agencies. Citizens should be aware that all other seizures without a court order are illegal. They should be appealed accordingly. This is also described in the legislation. Understanding the order of alienation allows to react in time to unlawful decisions of officials. For example, confiscation of goods can be carried out in accordance with the decision of the court. That is, law enforcement officials should demand the appropriate document. Without its presentation, the event is considered illegal.

When confiscation is applied

Often, the alienation of property is connected with crimes or other violations of the law. Confiscation (withdrawal) is carried out if it is proved that money or objects are received in violation of the law. This does not apply to all the property of a person. There are exceptions, which we'll talk about later. Money and things are subject to withdrawal if their turnover violates the law. In addition, alienate (take away) the items that participated in the crimes. For example, weapons that attempted to kill. Money is withdrawn much more often. The means to be confiscated include:

• Obtained through criminal means;
• Illegally crossed the border;
• Due to the sale of stolen property;
• Those with which the terrorist activities were carried out.

The above cases of withdrawal of money or items require a judicial decision.

Administrative law

We described what confiscation is in criminal proceedings. But such a measure is provided for in administrative law. Property can be alienated if a person or an enterprise does not pay debts. Residents of the post-Soviet space encountered such a phenomenon not so long ago. Not everyone is counting on financial opportunities, making out a loan in a bank. Those people who can not pay in time, are prosecuted by law. If the payer is not able to return the earthly funds, then he can take away the property, for example, a mortgage. The procedure is rather complicated, so unscrupulous banks resort to the services of collectors. The activities of these organizations are legitimate, but their methods sometimes can not withstand any criticism. The public is informed about the worst cases by the media. Naturally, it is necessary to inform law enforcement officers about the illegal activities of financial and credit institutions in order to protect themselves and their loved ones.

Procedure

Confiscation of goods and other property is carried out in accordance with a certain procedure. Violation of this order is illegal. The procedure consists of the following actions:

• The case is sent to the judicial authority and it is considered.
• If there are grounds, a decision is made to confiscate the property.
• An execution sheet is issued - a document confirming the rights of the official body for further action.
• The property specified in the paper is seized. This means that it can not be sold or mortgaged.
• The property specified in the court decision is transferred to the state body. The latter must put it on balance. He does not have the right to refuse.

With regard to money, another procedure is being carried out. The executive sheet arrives at the bank, it indicates the account for their transfer and the deadline for completion.

Protection of family members

Spouses, as a rule, conduct a joint farm. But this does not mean that the wife is responsible for the decision to confiscate her husband's property, for example. The only thing that can be taken away is that which belongs to the person indicated in the writ of execution. The remaining members of the seven are given the right to prove that they are the owners of this or that thing. For this you need to provide documents. These include sales contracts, checks and other securities in which the name of the property owner is indicated. If there are no documents, then it is permissible to turn to witness testimony.

What can not be confiscated

The law prescribes a list of property that can not be taken from a person, no matter what crime he committed. Such subjects include:

• The only place of residence.
• The land on which the house stands. Only if the family has no other housing.
• Land used as a source of income, livestock, poultry and other. But only when there is no other means for existence.
• Personal things necessary for the life of the person and his family.
• Fuel used to heat the home.
• Money in the amount of the subsistence minimum.
• Social payments, including maternity capital.

Lawyers recommend that you keep receipts for the purchase of property in order to protect yourself in the event that one of the members of the family applies confiscation. This foresight allows you to protect your rights.

Illegal confiscation

There are mistakes in judicial proceedings. So, sometimes unreasonable decisions are made, which provide for the confiscation of property. The Russian Federation legislatively enshrined the right of citizens to return what they were wrongly deprived of. In practice, it is not always possible to get property back. Then compensation is paid for it. The decision on it is made by the relevant executive authority. It is considered final and not subject to change. Disputes on these issues are resolved in court.

It should be remembered that the nationalized property is not refundable, a certain amount of money is paid for it. There are still a number of cases when it is impossible to return one. For example, if the property is destroyed due to a cataclysm, then you should not try to get it back into property.

The Institute of Confiscation is registered in international law. Countries adopted a special convention on this issue. The document obliges to take into account the possibility of alienating property in the national law, but it leaves ample opportunities for prescribing procedural moments.