Certain disadvantages of the practice of application of property punishments during criminal proceedings

Abstract

The article is devoted to a comprehensive analysis of the problems of the practice of applying property penalties in criminal proceedings in Ukraine, in particular fines, confiscation and special confiscation of property. The paper examines the theoretical principles of property sanctions as an instrument of criminal justice, their functions and role in the system of criminal law influence on offenders. Particular attention is paid to identifying and classifying the shortcomings of modern practice: the disparity of approaches of courts to determining the amount of fines, the imperfection of procedural support for the arrest and sale of property, the low efficiency of the implementation of property penalties, as well as the unclear distinction between confiscation and special confiscation.

The relationship of property penalties with other types of criminal law measures and the influence of modern socio-economic conditions, in particular the effects of martial law, on their application are analyzed. It is emphasized that economic difficulties, a decrease in the solvency of the population and the displacement of individuals significantly complicate the implementation of property penalties and reduce their preventive and punitive effectiveness. At the same time, the imperfection of legislative norms and the absence of unified algorithms for law enforcement create risks of violating the principle of proportionality and fairness of punishment, which requires urgent reform of criminal and criminal procedural legislation.

Based on the analysis of judicial practice and modern scientific research, conclusions have been formulated on the need to improve the legislative framework and law enforcement practice: improving the criteria for assigning property penalties, introducing clear procedures for monitoring the execution and sale of property, as well as harmonizing the approaches of courts to the application of various types of property sanctions. The introduction of mechanisms for adapting property penalties to the conditions of martial law and economic instability is especially relevant, which will ensure a balance between the interests of the state, victims and accused.

Thus, the article not only systematizes modern scientific views on the application of property penalties in criminal proceedings, but also offers practically oriented recommendations for increasing the efficiency and fairness of criminal justice in Ukraine.