LEGAL FRAMEWORK FOR INTERNATIONAL COOPERATION IN ENSURE PROPERTY PUNISHMENTS DURING CRIMINAL PROCEEDINGS
DOI:
https://doi.org/10.33244/2617-4154-3(24)-2026-267-275Keywords:
international cooperation, property penalties, confiscation of property, international legal assistance, criminal proceedings, legal actsAbstract
The article carries out a comprehensive scientific and legal analysis of legal acts as a normative basis for international cooperation in the field of securing property penalties during criminal proceedings. The emphasis is on the fact that in the context of the globalization of crime and the growth of cross-border criminal offenses, the effective execution of court verdicts in terms of fines, confiscation, special confiscation and compensation for damage increasingly depends on the level of coordination of international and national legal mechanisms. It is substantiated that it is legal acts – international treaties, conventions, agreements on legal assistance, as well as the norms of domestic legislation – that form the legal infrastructure within which the search, arrest and return of assets obtained by criminal means are carried out.
The article analyzes the relationship between international and national law in the field of securing property penalties, identifies the main directions of implementing international legal standards into the legislation of Ukraine and outlines the problems of their practical application. It is proven that, despite the presence of an extensive treaty base and Ukraine's participation in key international legal instruments, the effectiveness of international cooperation in this area remains limited due to the fragmentation of regulatory regulation, differences in procedural approaches of different states and insufficient institutional coordination of bodies involved in the execution of requests for legal assistance.
Particular attention is paid to the importance of harmonizing the criminal procedural legislation of Ukraine with international standards in the field of arrest, confiscation and return of assets. The need to improve legal acts regulating international legal assistance is substantiated by strengthening procedural guarantees, clearly defining the competence of bodies and introducing more effective mechanisms for mutual recognition and enforcement of court decisions. It is concluded that increasing the effectiveness of legal acts as the basis for international cooperation in the field of property penalties is an important prerequisite for strengthening the fight against transnational crime, restoring economic justice and ensuring the real effectiveness of criminal liability.
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