Money Smuggling on the Territory of Moscow Aviation Hub: Problematic Issues of Confiscation

Purpose of the study. The object of this study is the experience of the application by Russian courts of a criminal law measure in the form of confiscation of funds when persons are held criminally liable for committing a crime under Art. 200.1 of the Criminal Code of the Russian Federation. In order to establish the true purpose of the institution of confiscation in this category of cases, the author analyzes Russian and foreign law enforcement practice, as well as international legislation. Conclusion. The author substantiates the conclusion that non-alternative confiscation does not meet the principles of proportionality, proportionality and justification, as a result of which it is concluded that it is necessary to use confiscation only in cases where the intent of a person is aimed at illegal movement of funds with the aim of their further legalization (laundering), financing terrorism or other criminal activity. The rules introducing legal liability must exclude their broad interpretation, so that for offenses that are, in essence, administrative, the possibility and criminal liability is not allowed at the same time. There should be no such regulation, as a result of which criminal liability is introduced for the commission of actions permitted by law, that is, lawful in essence.

currency smuggling, customs regulation of smuggling, confiscation of funds, terrorist financing, laundering of money