In jurisprudence there are many important, not always unambiguous concepts that can radically 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 look at what confiscation is. This word is familiar to everyone. Most citizens probably know exactly what is meant by it. However, a legal term is a bit different from what people imagine when discussing news or events in everyday 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 into the dictionaries. They say that the word "confiscation" means the alienation or seizure of certain property in favor of the state. That is, the owner is seized that belongs to him, and this is done at no cost. The property is taken by decision of the state body, money for compensation is not provided. Say that this is a uniform robbery? In fact, everything is not so simple. To understand what confiscation is, it should be not only in dictionaries, but also studying the legislative framework. Of course, just because the property is not taken away. Moreover, the state positions itself (and is) a defender of the rights of citizens. Consequently, confiscation requires serious reasons. Imagine that a court or official can decide to take a house or a car without having to rely on the law. What will offended citizens do? It does not take much imagination to understand: just the possibility of making such unreasonable decisions will destroy the state, lead the country into a terrible crisis. It is clear that no one is going to allow this.
What is confiscation
This is a special procedure, detailed in the legislation. In accordance with regulatory documents, confiscation is a punishment that can be implemented in special cases. All of them are specified in the legislation. So, for example, money can be confiscated from the person who used it to carry out criminal activity. Such an event does not require judicial confirmation. It is carried out by decision of an official in the service of law enforcement agencies. Citizens should be aware that all other confiscations without a court order are illegal. They should be appealed accordingly. This is also described in the law. Understanding the procedure for alienation allows you to respond in time to unlawful decisions of officials. For example, confiscation of goods may be carried out in accordance with a court decision. That is, law enforcement officers should require an appropriate document. Without presentation, the event is considered illegal.
When confiscation is applied
Often the alienation of property is associated with crimes or other violations of the law. Confiscation (seizure) is carried out if it is proved that the money or objects received in violation of the law. This does not apply to all human property. There are exceptions, which we will talk about later. Money and things are subject to withdrawal if their circulation violates the law. In addition, objects involved in crimes are alienated (taken). For example, weapons that attempted murder. Money is withdrawn more often. The funds subject to confiscation include:
- obtained by criminal means;
- illegally crossing the border;
- who came as a result of the sale of stolen property;
- those with which terrorist activities were carried out.
The above cases of seizure of money or items require a court decision.
Administrative law
We described what is confiscation in criminal proceedings. But such a measure is also provided for in administrative law. Property may be alienated if a person or company does not pay debts. Residents of the post-Soviet space faced this phenomenon not so long ago. Not everyone is counting on financial opportunities by applying for a loan from a bank. Those people who cannot pay on time are subject to legal prosecution. If the payer is not able to return land funds, then property, for example, collateral, can be taken from him. The procedure is quite complicated, so unscrupulous banks resort to the services of collectors. The activities of these organizations are legal, but their methods sometimes do not stand up to criticism. The public is informed of the worst cases by the media. Naturally, the illegal activities of financial and credit institutions must be reported to law enforcement in order to protect themselves and loved ones.
Procedure
Confiscation of goods and other property is carried out in accordance with a specific procedure. Violation of this order is illegal. The procedure consists of the following actions:
- The case is referred to the judicial authority and is being considered.
- If there are grounds, a decision is made on the confiscation of property.
- A writ of execution is executed - a document confirming the rights of an official body to carry out further actions.
- The property indicated in the paper is seized. This means that it cannot be sold or mortgaged.
- The property specified in the court decision is transferred to the state body. The latter should put it on balance. He has no right to refuse.
In relation to money, a different procedure is carried out. The writ of execution arrives at the bank, it indicates the account for their transfer and deadlines.
Family protection
Spouses, as a rule, conduct a joint household. But this does not mean that, for example, the wife is responsible for the decision to confiscate the husband’s property. They can only pick up what belongs to the person indicated on 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. To do this, you must provide documents. These include sales contracts, checks and other papers that state the name of the owner of the property. If the documents do not exist, then it is permissible to refer to the testimony.
What cannot be confiscated
The legislation contains a list of property that cannot be taken from a person, no matter what crime he committed. These items include:
- The only place to stay.
- 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 more. But only when there is no other means of subsistence.
- Personal things necessary for the life of a person and his family members.
- The fuel used to heat the home.
- Money in the amount of a living wage.
- Social benefits, including maternity capital.
Lawyers recommend keeping property receipts in order to protect themselves when confiscation is applied to one of the family members. Such forethought allows you to protect your rights.
Illegal confiscation
There are errors in court proceedings. So, sometimes unreasonable decisions are made that provide for the confiscation of property. The Russian Federation legislated the right of citizens to return what they were deprived of by mistake. In practice, getting the property back does not always work. Then compensation is paid for him. The decision on it is taken by the relevant executive authority. It is considered final and is not subject to change. Disputes on these issues are resolved in court.
It should be remembered that nationalized property is not refundable, a certain amount of funds is paid for it. There are a number of cases when it is impossible to return yours. For example, if the property is destroyed due to a cataclysm, then you should not try to get it again in the property.
The confiscation institution is registered in international law. Countries have adopted a special convention dealing with this issue. The document obliges to take into account the possibility of alienation of property in national law, but leaves ample opportunity to prescribe procedural issues.