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Anlässlich einer Ausstellungsübernahme wurde von der Provenienzforschung der Bayerischen Staatsgemäldesammlungen in München erstmals die Provenienz von Fotografien von Aenne Biermann (1898–1933) überprüft. In einem intensiven fachlichen Austausch zwischen der kunsthistorischen Forschung zur Fotografin einerseits und der Provenienzforschung zu den Themen Fluchtgut in Italien, Beschlagnahme von Liftvans in Auswandererhäfen und den sogenannten Operationszonen Adriatisches Küstenland und Alpenvorland andererseits gelang es, den Weg der Objekte zu rekonstruieren. Gleichzeitig konnten die Biografie der Künstlerin und die ihrer vom Nationalsozialismus verfolgten Familie um viele Details ergänzt werden. The provenance research team at the Bavarian State Painting Collections in Munich first looked into the provenance of the photographs of Aenne Biermann (1898–1933) on taking over an exhibition of her work. Through an intensive dialogue between art historical research on the photographer on the one hand and the provenance research investigating fugitive property in Italy, the confiscation of liftvans in emigration ports and the so-called operation zones of the Adriatic coast and in the Alpine foothills on the other hand, the team was able to reconstruct the path taken by the objects. Its work also added some pertinent details to the artist's own life story and that of her family, who were persecuted by the Nazis. [ABSTRACT FROM AUTHOR]

This research is devoted to the history of the political adaptation of tribal structures to the conditions of social class interactions in the Kazakh aul in the 1920s. Newly uncovered archival materials show how patrimonial and hierarchical institutions tried to adapt and adjust themselves to the system of socialist construction in the Kazakh steppe. The authors have identified three directions that most clearly demonstrated the behavioural motives and adaptation practices of Kazakh tribal cattle-breeding society: the formation of the Soviet apparatus of power in Kazakhstan; the participation of the tribal elite in elections to enter the Soviet institutions of power; and confiscation as a policy of struggle against ancestry and descent groups. [ABSTRACT FROM AUTHOR]

Russia’s audacious, unprecedented, illegal invasion of Ukraine, which began in a hybrid form in February 2014 before escalating into a full-scale invasion on February 24, 2022, has brought with it a significant amount of destruction, multibillion-dollar losses, and damage beyond measure – both to the whole state and to each individual Ukrainian resident. As a result of Russian aggression, thousands of civilians have been killed, dozens of cities have been damaged by shelling and airstrikes, and countless enterprises, medical institutions, educational institutions, cultural heritage monuments, kilometres of road, and residential buildings have been destroyed. The war continues, meaning that the damage caused to Ukraine by Russia is steadily increasing with each new day. Since the beginning of the full-scale war, one of the most important tasks has been to find ways and means for post-war reconstruction in Ukraine, as well as for the payment of compensation to the victims of the war. These compensation mechanisms should be implemented alongside those that come at the expense of the funds of the Russian Federation, which, accordingly, necessitates the lawful capture of these funds from an array of possible sources (sovereign assets of the Russian Federation, the assets of Russian oligarchs, etc.). After the Russian invasion of Ukraine, civilized countries froze the assets of the external foreign exchange reserve of the central bank of the Russian Federation, along with the private assets of Russian oligarchs. After freezing assets, the next step on the path towards transferring to Ukraine the assets and funds of the Russian Federation (both sovereign assets and those of private persons), which are located in many countries around the world, should be their confiscation, since freezing alone is not an effective measure. An important task is to help states take this step and develop appropriate confiscation mechanisms in their national legislation. This article is devoted to the study of this issue, as well as to the comparative analysis of that which has already been achieved in this field.

Bank Indonesia as the central bank in Indonesia has financial independence in which Bank Indonesia has the authority to manage its assets separately from the State Budget. However, in carrying out its roles and duties, Bank Indonesia often faces demands or lawsuits, which result in execution of judgments against assets of Bank Indonesia. This can clearly disrupt the financial stability of Bank Indonesia, affecting Bank Indonesia’s ability to carry out its roles and duties effectively. Currently, there has been an argument put forth to assert Article 50 of the treasure law in an effort to protect for Bank Indonesia’s finances. However, the application of this article as a legal basis for protection of Bank Indonesia’s finances is inappropriate because it is not in accordance with Bank Indonesia’s financial independence, separating from the State Budget. Departing from these problems, based on data collected through document studies in the form of primary, secondary, and tertiary legal materials, this study examines how the policies of financial independence of Bank Indonesia, legal protection of Bank Indonesia’s finance, and ideal arrangements for legal protection of Bank Indonesia’s finances considering the attention to the independence of Bank Indonesia. The conclusion of this research is that there is still disharmony in regulations regarding Bank Indonesia’s financial protection in the State Finances Law and the State Treasury Law which creates legal uncertainty regarding Bank Indonesia’s financial protection.

As a total war, World War I constituted a significant historical moment which proved that warfare not only serves to build nations and national identities, but can also create suitable socioeconomic and political conditions that foster the process of capital accumulation. The Ottoman state, like all the belligerents, on the one hand mobilized human power, means of production and subsistence and natural resources on a large scale for fighting and financing the war; on the other hand, it established a war economy based on violence and protectionism that directly favored war profiteers. The present article centers on the implementation of the War Tax Law, adopted on the eve of the war, which paved the way for state policies of dispossession, confiscation, and requisition. It argues that these practices aimed at the redistribution of capital to give birth to a new generation of Turkish-Muslim capitalists. [ABSTRACT FROM AUTHOR]

The study delves into corporate crimes, a distinct category from typical crimes, as they intersect with various economic and financial realms. This divergence from conventional criminal law norms has reshaped perspectives on privacy, criminalization, and punishment. A corporation represents a collaborative endeavour for profit among individuals, pooling resources and sharing gains or losses across diverse economic sectors like commerce, finance, industry, agriculture, and real estate. Legislation governing corporate crimes emphasizes actions over omissions, often categorized as negative crimes. Many don't necessitate specific criminal outcomes, classified as crimes of danger. Moral culpability in corporate crimes is diminishing, focusing more on offender conduct for evidence, challenging traditional burden of proof principles. The UAE's legal approach adopts a deterrent strategy, favouring fines over imprisonment for corporate wrongdoing. Complementary penalties like confiscation, business closure, or license revocation augment primary penalties, raising questions about their effectiveness against complex corporate offenses. [ABSTRACT FROM AUTHOR]

This essay reconstructs the experiences of prominent Charleston merchant Colin Campbell, and his niece Louisa Campbell, to explore how Scots loyal to the Crown during the American Revolution later defended their interests in Scotland's Court of Session. Using the case of Campbell and Ferrier v. Campbells (1796) as an organizing framework, it demonstrates how Scots litigated their suffering at the hands of American Patriots. It shows how lawsuits like it were embedded in a larger transatlantic legal ecosystem that shaped their outcome. The legal contest between Louisa Campbell and her cousins over Colin Campbell's American property tied together legislatures and courts in South Carolina, Georgia, London, and Edinburgh. By doing so, they compelled the Lords of Session, the judges who sat on the bench of Scotland's supreme civil court, to define American Independence. [ABSTRACT FROM AUTHOR]

Purpose: The rise of cryptocurrencies and other digital assets has triggered concerns about regulation and security. Governments and regulatory bodies are challenged to create frameworks that protect consumers, combat money laundering and address risks linked to digital assets. Conventional approaches to confiscation and anti-money laundering are deemed insufficient in this evolving landscape. The absence of a central authority and the use of encryption hinder the identification of asset owners and the tracking of illicit activities. Moreover, the international and cross-border nature of digital assets complicates matters, demanding global coordination. The purpose of this study is to highlight that the effective combat of money laundering, legislative action, innovative investigative techniques and public–private partnerships are crucial. Design/methodology/approach: The focal point of this paper is Australia's approach to law enforcement in the realm of digital assets. It underscores the pivotal role of robust confiscation mechanisms in disrupting criminal networks operating through digital means. The paper firmly asserts that staying ahead of the curve and maintaining an agile stance is paramount. Criminals are quick to embrace emerging technologies, necessitating proactive measures from policymakers and law enforcement agencies. Findings: It is argued that an agile and comprehensive approach is vital in countering money laundering, as criminals adapt to new technologies. Policymakers and law enforcement agencies must remain proactively ahead of these developments to efficiently identify, trace and seize digital assets involved in illicit activities, thereby safeguarding the integrity of the global financial system. Originality/value: This paper provides a distinctive perspective by examining Australia's legal anti-money laundering and counterterrorism financing framework, along with its law enforcement strategies within the realm of the digital asset landscape. While there is a plethora of literature on both asset confiscation and digital assets, there is a noticeable absence of exploration into their interplay, especially within the Australian context. [ABSTRACT FROM AUTHOR]

Copyright of Kırıkkale Law Journal (KLJ) is the property of Kirikkale Law Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Bulletin of the L.N. Gumilyov Eurasian National University. Historical Sciences. Philosophy. Religion Series is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Asset confiscation regimes are present throughout Europe. The Italian State implements a policy stipulating the confiscation of real estate assets from individuals convicted of mafia-related crimes and the re-allocation of these assets to new uses. The policy of confiscation (confisca) and re-allocation (destinazione) is meant to act as both an anti-mafia measure and a way to compensate local communities by converting real estate assets into public amenities. We evaluate the effects of this programme on local areas by estimating its impact on property values in the proximity of confiscations and re-allocations. The findings reveal a negative effect of confiscations and a positive effect of re-allocations on housing prices, mainly visible in mafia strongholds. Both of these trends can be observed in the time periods that directly follow instances of confiscation and re-allocation and appear to be highly localized. A drop in organized crime activity in the streets where re-allocations have occurred could account for some of the gain in property values caused by re-allocations. These findings have implications for the effectiveness of anti-mafia initiatives aimed at improving the quality of life in areas where criminal activity is more prevalent. [ABSTRACT FROM AUTHOR]

The historically high prevalence of property extraction in transition nations provides a unique opportunity to explore the intersection of institutional economics and the economics of happiness. This study examines how instances of prior property confiscation affect the self-reported quality of life following political-economic transition in Russia during the early 1990s. Using retrospective data from the Social Stratification in Eastern Europe after 1989 project, we estimate both traditional ordered logit models and random-effects ordered logit models, the latter of which addresses clustering of respondents by region of the country. Our results indicate that prior property confiscation experiences lead to a gap between the probabilities of realizing the extreme values of life satisfaction of 21.1–26.5%-points, with prior property confiscation experiences decreasing (increasing) the probability of greater (lesser) life satisfaction. [ABSTRACT FROM AUTHOR]

Ecclesiastical disentailment has traditionally been associated with seizing real estate owned by "dead hands" for immediate sale. The administrative and accounting documentation of the Cathedral Chapter of Seville shows how it was forced to dispose of numerous properties in two phases during the 19th century. This was not carried out through confiscation but through orderly sales organised by the ecclesiastical institution itself, which is not mentioned in the historical-economic literature. This study analyses these alienations, their causes, procedures and consequences, as well as the financial problems the Cathedral Chapter of Seville faced, the application for numerous loans and the sale of real estate. The sales process, in our opinion, was serious, transparent and professional.

The possible confiscation of Russian assets by Western countries is one of the serious challenges to modern international law and the system of international relations. Since the greater part of the frozen assets is under the jurisdiction of EU countries, special attention should be paid to studying mechanisms for the use of Russian assets within the EU. The purpose of this article is to identify the key characteristics of the EU’s approaches to the use of frozen Russian assets, determine their compliance with international law and investigate possible consequences for the modern system of international relations. To achieve this goal, the author analysed the legal aspect of this problem, examined the compliance of the initiatives to confiscate Russian property with the norms of modern international law and pinpointed the potential consequences of such actions. It is concluded that possible options for seizing sovereign assets contradict the norms of international and national law. Therefore, all these methods are unfeasible within the current legal framework. Yet, the main obstacle to implementing the plans to seize Russian sovereign assets lies not within the legal realm, but in the political sphere since such actions could result in unforeseeable ramifications. The mechanism proposed by the European Commission for seizing private property within the framework of criminal proceedings implies the use of criminal law to solve political problems, which is at variance with the objectives of criminal policy.

Mülkiyet hakkı insanoğlunun yaşamını idame ettirebilmesi için sahip olduğu temel haklardan birisidir. Bu hak malikine geniş yetkileri sağlamakla birlikte malikin bu yetkileri sınırsız bir şekilde kullanması düşünülemez. Toplum menfaatlerinin bireyin menfaatlerinden önce geldiği durumlarda kişilerin mülkiyet hakkına devlet tarafından müdahale edilebilmektedir. Örneğin müsadere yaptırımı toplumun menfaati sebebiyle kişilerin mülkiyet hakkına müdahale edildiği durumlardan birisidir. Müsadere, bir suçun işlenmesinde kullanılan veya suçun işlenmesine tahsis edilen veya suçun işlenmesi neticesinde elde edilen kazançların veya bizatihi varlığı suç teşkil eden eşyaların mülkiyetinin kamuya geçirilmesi yaptırımıdır. Çalışmamızda genel olarak müsadere kavramının tanımı, müsaderenin hukuki niteliği ve müsadere çeşitleri olan eşya müsaderesi ve kazanç müsaderesi ile müsaderenin uygulanma koşulları kısaca ele alınmış ve müsadere yargılaması incelenmiştir.

El trabajo ambulante es una de las fuentes de ingreso más comunes para las personas en situación de pobreza en economías mayoritariamente informales. Tal trabajo las expone a una serie de barreras económicas, sociales y también legales. En la presente investigación, hemos analizado las disposiciones jurídicas de ocho distritos de Lima Metropolitana para determinar cómo las normas regulan el trabajo, el uso del espacio, la higiene y el tiempo de los trabajadores ambulantes en esta ciudad. De acuerdo con nuestra investigación, las ordenanzas municipales de Lima Metropolitana señalan al trabajador ambulante como otro racializado que debe ser controlado en el espacio público. Si bien no es explícitamente excluido, su inclusión es precarizadora, aumentando su vulnerabilidad.

One-of-a-kind efforts to make the losses state’s financial incurred by the State due to corrupt activities, is through the confiscation of the Defendant’s assets. Later it may subsequently be utilized for a form of monetary payment in lieu of State losses charged to the Defendant. On the grounds of payment of money in lieu of State losses, confiscation of the Defendant’s personal assets that had nothing to do with corruption was then carried out. The research’s main eligibility is to find out how significance proof is involved due to tribunal mechanism, as in the safetymeasureness of the defendant given right and assets as being regulated for evidences in the tipikor case. The researcher’s study applied juridical normative method employing statutory and conceptual pathways. Secondly, layered information was gathered from observation and papers, in order to ensure the quality. According to the researcher’s findings, the purpose of headlining deposition in tribunal is to support the proof of the litigant’s motion, incapable of assuring the sentence’s delivery. There is a guarantee and protection of property rights in the Indonesian constitutional written law 1945 (28H) par. (4). It demonstrates the litigant’s possession of their property being safeguarded by the state, which had unassociated an elicit act of graft as property sheltered from confiscation in the court process. Unlike the personal property of the litigant, if is employed in an unlawful conduct as graft itself, the belongings shall be seized within the tribunal proceedings. [ABSTRACT FROM AUTHOR]

As the most powerful measure of economic sanctions against Russia which invaded Ukraine, the Western States froze the assets of the Russian Central Bank and the Oligarchs which are situated in their States. This article attempts to clarify the legality of the freezing, confiscation, and management of assets under international law. The freezing of assets is a legal countermeasure against aggression. Confiscation is lawful only if certain conditions are satisfied. Management is a realistic option which avoids the legal risks which might arise from confiscation. [ABSTRACT FROM AUTHOR]

The research in this study aims to prove that confiscation of property acquired through crime is an important tool in the fight against organized crime. The basic idea of the paper is to investigate the confiscation of property acquired through crime, which is a huge criminal wealth generated mostly by various forms of misdemeanors. The analysis of the confiscation of criminal property is made based on studying and comparing the key features of the legislation in the European Union, the USA, and Australia to find out how these legislations regulate the confiscation of criminally acquired property. The methods used in the research of this paper are defined according to the purpose of the study, i.e. determining the measures that aim to reduce and prevent crime by making it known that criminals will not be allowed to enjoy their illicit wealth. Key findings and arguments show that the recovery process involves several stages: identification and tracking, freezing and confiscation, and management of frozen and confiscated assets. The data were collected, processed and analyzed to find improved solutions for confiscating criminally acquired property. In conclusion, the study proposes to take measures to confiscate criminally acquired property so that criminals cannot use it and enjoy the benefits of that property. [ABSTRACT FROM AUTHOR]

This article examines the legal confiscation of third-party property in cases of corruption. The research method used is normative or doctrinal, which involves analyzing legal concepts and principles found in court decisions, laws, and statutory regulations. The focus of the research is to examine the legal aspects of confiscating third-party property in corruption cases. The findings reveal that, legally, a third party can submit an objection within a maximum period of 2 months. However, an objection lawsuit can only be filed after the court decision attains permanent legal force, indicating that the court has restricted or diminished the rights of third parties to enjoy or utilize their assets.

The issue is about the basis of the authority of the Corruption Eradication Commission to confiscate corruption crimes that have not been enforced by permanent law (inkrach) from the district court. This study aims to find out what is the basis for the authority of the Corruption Eradication Commission to confiscate in corruption crimes and how the legal position of seized goods in corruption crimes. By using normative research methods, it can be concluded that: 1. The basis of authority of the Corruption Eradication Commission is Law Number 30 of 2002 Article 47 paragraph 1 of Law Number 30 of 2002 concerning the Corruption Eradication Commission and Law Number 31 of 1999 concerning the eradication of corruption as amended by Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning the Eradication of Corruption crimes. 2. The legal position of confiscated goods will certainly be used as evidence by the Corruption Eradication Commission as law enforcement. However, there are often obstacles in the management of confiscated goods. Then confiscated goods can also be auctioned even though there has been no permanent force legal decision (inkrach) from the district court.

The leadership style of Francois Hollande it was means a lot to the government of France. It is all about Hollande's personality who is a very intuitive look threat against ISIS in France. Whose decisionmaking process by Francois Hollande has made France more aggressive than before. The researcher would explain how idiosyncratic factors of Francois Hollande's policy against ISIS in France. The purpose of the research is to know how individual psychological can influence the decision-making process and behavior of nations. Data was collected by literature study and online website research. The result of the research tries to describe how the idiosyncrasy of Francois Hollande is very fluently to France's policy against ISIS, which France's response would make a positive impact and negative impact internal or external. Francois Hollande is an obsessive-compulsive type leadership. [ABSTRACT FROM AUTHOR]

This research examines the perspective on the execution of court decisions on narcotics evidence confiscated for the state. The purpose of this study is to find out the implementation of the execution of seized narcotics evidence for the State in terms of criminal law and Narcotics Law. The research uses empirical and juridical approach methods. The execution of the court's decision on narcotics evidence is contained in ruling No. 39/Pid. Sus/2020/PN.BYL stated that the narcotics evidence seized is for the state. The destruction of evidence of narcotics is regulated in Law Number 35 of 2009 concerning Narcotics, and the Attorney General's decision number: KEP-089/J.A/1988 concerning Settlement of Confiscated Goods in Articles 12 to 14. The results of this study show how the mechanism for completing the process of confiscation of seized narcotics evidence for the state is viewed from the perspective of criminal law. This researcher wants to explain what is the mechanism for implementing criminal case decisions regarding seized narcotic evidence for the State. Judging from the importance of destroying narcotics confiscated goods, it is necessary to know the procedure for destroying narcotics confiscated goods so that they are more in line with the procedures described in the law. As stated that the purpose of administering criminal procedural law in Law Number 8 of 1981 concerning the Criminal Procedure Code (KUHAP) is to achieve and obtain or at least approach material truth (substantial truth) namely the complete truth of a criminal incident by applying the provisions of criminal procedure law honestly and appropriately. [ABSTRACT FROM AUTHOR]

The purpose of the article is to compare the criminal procedure legislation of the Federal Republic of Germany and Ukraine on criminal proceedings in the absence of a suspect or accused both at the stage of pre-trial investigation and trial, with the study of compliance of these laws with international documents. and the case law of the European Court of Human Rights. Methodology. In view of the set aim, specificity of the object and subject of the research, the methodological tool has been chosen. During the research, a system of methods of scientific cognition has been applied: the formal logic (abstraction, analogy, deduction, induction, synthesis) – to study the content of the matter under consideration; the theoretical approach – in the process of study of scientific, educational and methodological literature. The scientific novelty consists in a comprehensive study of the trial against a suspect or an accused in absentia in the criminal procedure legislation of the Federal Republic of Germany and Ukraine, focusing on the criminal process of the Federal Republic of Germany in order to clarify all its peculiarities for determining further ways of development of criminal procedure legislation of Ukraine. Based on the results of the conducted study, the following conclusions have been drawn: 1) The criminal procedure legislation of both the FRG and Ukraine establishes a certain procedure for carrying out trial against a suspect or an accused in absentia; 2) The CPC of the FRG does not actually envisages the possibility of conducting a pre-trial investigation against a person in absentia, and this feature significantly distinguishes it from the CPC of Ukraine which establishes the procedure for conducting a special pre-trial investigation in absentia; 3) The criminal procedure legislation of the FRG, in contrast to the CPC of Ukraine, stipulates the so-called separate proceeding, which is targeted at inducing an accused to appear before a court; 4) According to the criminal procedure legislation of the FRG, in contrast to the corresponding legislation of Ukraine, holding full substantive hearing against an accused (defendant) in absentia is possible in certain cases, subject to proper notification in the cases, the outcome of which may result in imposition of a monetary penalty; 5) The CPC of the FRG mostly meets the standards of the European Court of Human Rights; 6) The criminal procedure legislation of Ukraine is at the stage of formation and does not fully meet international standards for holding trials against a suspect or an accused in absentia, and therefore the certain legal regulations of the CPC of the FRG may be borrowed for development of the criminal procedure legislation of Ukraine as regards trials in absentia.

The purpose of the article is to identify major problematic issues related to the construction of criminal law provisions in the area of corruption offenses, both in the Criminal Code of Ukraine and in the draft General Part of the Criminal Code of Ukraine of 2020, as well as to identify ways to solve them. The article employs a set of research methods, namely: terminological, system-structural, formal-logical, comparative-legal. The theoretical basis of the study is constituted by the works of Ukrainian and foreign scientists, by provisions of the Criminal Code of Ukraine, as well as by the practice of their application. The scientific novelty of the article is based on the following: 1) the problems of determining a corruption offense and ways to solve them have been revealed; 2) shortcomings in the definition of corruption, provided for in the draft General Part of the Criminal Code of Ukraine 2020 and formulates proposals for their elimination have been identified; 3) main advantages and disadvantages of the list of corruption offenses contained in the note to Art. 45 of the Criminal Code of Ukraine have been identified; 4) classification of corruption criminal offenses according to the method and subject of their commission has been improved; 5) the content, positive and negative sides of the criminal-legal consequences of a corruption criminal offense have been revealed. According to the results of the study, the following conclusions have been drawn: 1) the lack of definition of the term «corruption criminal offense» in the Criminal Code of Ukraine does not allow to clearly understand the criminal nature of this group of violations, and, accordingly, to establish criminal offenses and crimes that belong to them; 2) when creating such definition, it should be taken into account that it must be consistent with the definition of a criminal offense, corruption offense and corruption; 3) the concept of a tripartite understanding of illicit gain (as the subject, purpose and means of crime commission) in the definition of corruption should be transformed into a construction, such as «acts consisting in the offer or promise of illicit gain, its provision, acceptance or promise of such benefit, its receipt, request or extortion to provide»; 4) as presented in the note to Art. 45 of the Criminal Code, the list of corruption offenses, on the one hand, does not cover all criminal offenses that should be attributed to corruption, and on the other – includes some criminal offenses, which should not be attributed to corruption; 5) it is proposed to divide corruption criminal offenses according to the method of commission into: a) illegal possession of certain property by abuse of official position by a public official; b) abuse of power, official position or authority; c) an offer, a promise to provide an illegal benefit, as well as the provision of such a benefit for committing or failing to commit certain acts (active bribery); d) acceptance of an offer or promise of such benefit, its receipt, request or demand to provide (passive bribery); e) other corrupt criminal and illegal acts (conditionally corruption, quasi-corruption and criminal offenses, which have been unreasonably included in the note of Article 45 of the Criminal Code of Ukraine); 6) analysis of the negative criminal law consequences of a corruption criminal offense demonstrates that the legislator in certain cases has equated these torts to serious and especially serious crimes; 7) in the context of reforming criminal legislation, it is necessary to improve the grounds for various types of confiscation, prohibition to engage in certain activities or hold certain positions, as well as to consider the feasibility of criminalizing concealment of corruption offenses.

The concept of injunction in common law countries is similar to the concept of provision, confiscation, and provisional determination so that the concept of injunction can be used to complete the deficiencies of provision, confiscation, and provisional determination. This research examines injunction arrangements in common law countries, in this case, the United States and Singapore, which are then transplanted into Indonesian law through the Indonesian Civil Procedure Bill. The research method was carried out normatively and then explained descriptively accompanied by a prescription on how provision, confiscation, and provisional determination should be regulated in Indonesia. Arrangements for provision, confiscation, and provisional determination are still scattered in various laws and even most of the Dutch colonial legacies are used without an official translation. This condition causes legal uncertainty that can be detrimental to justice seekers. The state’s efforts in establishing a unique Indonesian civil procedural law can be seen through the Indonesian Civil Procedure Bill. This bill also contains a concept similar to an injunction. The bill, which is expected to eliminate legal uncertainty for justice seekers, still does not specify a concept similar to the injunction in Indonesia.

The coastal zone, situated at the sensitive interface between land and sea, serves as a pivotal area of human economic activities. As one of China's economic special zones, Xiamen exemplifies the comprehensive trajectory of coastal governance in China. However, there are still research gaps in the human ecological transitions in coastal governance. This study adopts the research approach of scale politics and the local state, with the purpose of explaining the governance model of the coastal zone transformation. Sources include interviews with fishers, direct observation, participant observation, and content analysis. The study demonstrates how local governments strive to maximize the profits of scenic tourism, by (1) appropriating the international scale, absorbing international aid and technical assistance; (2) confiscating the access rights of the coastal zone; and (3) vertically integrating all relationships from local to international organizations to create new governance patterns. Xiamen's coastal landscape not only presents the meltdown of human ecology under local state governance but also demonstrates a keen adaptation to the shifting dynamics of the international tourism market. From the theoretical perspective of the local state, this paper effectively points out the political characteristics of local government and bridges the loss of cultural ecology in the transformation of governance patterns. [ABSTRACT FROM AUTHOR]

The war of aggression by a permanent member of the Security Council, combined with the availability of its assets on the territory of other states, creates an opportunity to solve one of international law's enigmas: the legality of third-party countermeasures in the general interest. Would confiscating Russia's frozen Central Bank assets and making the proceeds available to repair the war damage in Ukraine be permissible as such a countermeasure? This paper argues that state immunity cannot be relied upon to prevent the freezing or confiscation of foreign central bank assets by direct executive action; that freezing foreign state assets is permissible as a third-party countermeasure to stop a serious case of aggression; and that confiscation would not qualify as a countermeasure but may be permissible as a 'lawful measure' to repair the damage. Recent changes in Canadian legislation support the existence of such a permissive rule. On the other hand, controversial measures by the United States to control the assets of the Afghan Central Bank demonstrate the need for safeguards against abuse. [ABSTRACT FROM AUTHOR]

The fact that the lower amount in the confiscation order (£96,737.24) was all that was available was irrelevant since it would not have been disproportionate to disgorge the full net earnings. Such an approach, that is, one which did not deduct for the value of services Andrewes provided, requiring payment of the full net earnings, would amount to "double disgorgement" and, therefore, be disproportionate (at [41]). Keywords: Confiscation; all or nothing; proportionality; middle way EN Confiscation all or nothing proportionality middle way 488 491 4 12/06/22 20221201 NES 221201 Facts Jon Andrewes was a Chief Executive Officer of St Margaret's Hospice from 2004 until 2015. A particular disappointment was the Supreme Court's unwillingness to provide at least a little guidance, albeit strictly I obiter i , on the confiscation status a "golden hello" provided to a fraudster at the commencement of their employment, or a "golden handshake" provided at the end. [Extracted from the article]

This article examines the history of land alienation experienced by Māori in Aotearoa New Zealand across different iwi (tribes), exploring the connection between land loss and arability. The analysis uses geospatial data of Māori landholdings through time and explores the relationship that they have with Land Use Capability, a summary measure of the land's economic potential. Two related factors are found to determine the variation of land alienation between iwi: (a) the arable profile of Māori land within the rohe (traditional land boundaries or territories) of an iwi and (b) the experience that iwi had with land confiscation. Iwi who held a large proportion of arable land and those that experienced land confiscations were more likely to experience land alienation. These findings reaffirm the historical narrative that Māori land suitable for arable use was targeted for alienation and illustrates the role of colonisation in perpetuating the historic trauma caused by these events. [ABSTRACT FROM AUTHOR]

The subject of this study is confiscation of unlawfully acquired assets’, with special focus on Kosovo. The study centers in handling of the notion and types of confiscation, purpose of confiscation, confiscation decision making authorities’, confiscation procedure and administration of confiscated assets. Moreover, this study presents and elaborates few pertinent data on confiscation of assets and highlights some challenges, problems, and advantages of the confiscation institute. The results of this study confirm that confiscation of assets in Kosovo impacted directly in fighting and dismantling of few organized criminal groups and activities, however, there are yet multiple tasks to be completed, few of which are rather challenging. Further in this study are prescribed the activities of Courts and other relevant institutions in Kosovo related with confiscation of unlawfully acquired assets, in addition there are specific measures prescribed to promote their effectivity in this matter while addressing the requirements of the law and Kosovo society in overall. For purposes of this paper were used legal, comparative, descriptive, case study and statistical methods.

The extraordinary administration procedure is considered a type of bankruptcy procedure. The authors question whether the high degree of authorisation granted to the administrative authority in extraordinary administration procedures is justified. The Agrokor company is an example of how the operations of a private company can maintain the economic stability of the entire state economy and vice versa, how its untimely bankruptcy can cause the collapse of the entire system (social policy). It is precisely the social and economic consequences of eventual bankruptcy that legitimize the high degree of interference of the administrative authority in the procedure of extraordinary administration. The characteristics of private law and public law procedures are presented through the prism of the extraordinary administration procedure. A parallel is drawn between the procedure of extraordinary administration and administrative procedures of confiscation and nationalization. It was concluded that the concession of the extraordinary administration has elements of both bankruptcy proceedings and administrative ones, which makes the powers granted to the administrative authority justified. [ABSTRACT FROM AUTHOR]

In 2015, nearly 4000 critically endangered Palawan forest turtles (Siebenrockiella leytensis) were confiscated on their native island of Palawan in the Philippines after being illegally harvested for the international wildlife trade. Local conservation biologists and an international team of veterinary and husbandry personnel evaluated, treated, and repatriated the majority of turtles (88%) over a 3-mo period. Common pathologic findings included ophthalmic, dermatologic, musculoskeletal, and gastrointestinal lesions, including keratitis, osteomyelitis of the shell and digits, pododermatitis, and colonic nematodiasis. Hemogram results indicated severe leukocytosis in many individuals. Specimens for genetic analysis and molecular diagnostics were archived, and several intact carcasses were established as museum specimens. International collaboration may be required to ensure the confiscation and survival of illegally traded endangered wildlife, with ongoing efforts toward enhancing the law enforcement, husbandry, and veterinary capacity of range country personnel. [ABSTRACT FROM AUTHOR]

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Organized crime and corruption in the context of globalization pose a huge threat to the security of all countries without exception. Therefore, the common European and national crime prevention systems pay great attention to criminal activity economic sense deprivation. This is achieved through the application of confiscation of property and proceeds related to crime. For transitive legal systems development the reference points are the international standards and ECHR practice which are studied using dialectical, formal legal and comparative legal methods. The study showed that the international standards and ECHR practice make it possible to find a balance between public and private interests, ensure maximum seizure of proceeds and property related to crimes, and guarantee the protection of property rights as an essential human right. On the example of Ukraine the peculiarity of the confiscation regulation in countries with a transitive legal system is shown and the perspectives for domestic law improving in this aspect are outlined.

Starting from the judgment no. 15965 of 2020, the contribution analyzes the nature of the institution of confiscation and, specifically, the reparatory purpose of environmental confiscation. In the above-mentioned decision, the Court refer to the nature of the remediation ex art. 452 undeciesc.p, emphasizing that the same measure is conditioned by the fullness of one of the malicious environmental crimes introduced by the same law May 22, 2015 n. 68 is conditioned by the nature of the disastrous and sometimes irreversible effects of criminal conduct. The Supreme Court therefore considers manifestly unfounded the exception of constitutional illegitimacy of the rule in the part in which it does not provide that the obligation to confiscate may fail even in the power to restore the state of the places following the breach provided for in art. 256 of d.l. n. 152/2006. And therefore, according to the Court, the omission of the extension of the possibility of disapplication of confiscation to contravention cases doesn't violate the principle of formal and substantive equality protected by art. 3 of the Constitution. The different legislation, in fact, is justified by the different nature of the confiscations, the one pursuant to art. 452 undecies has a function of compensation and restoration, while the confiscation pursuant to art. 260 terd.lgs 15 of 2006 has a punitive-sanctioning.

The confiscation pursuant to art. 44 of Presidential Decree no. 380 of 6 June 2001 can be ordered despite the expiring of the statute of limitation of the criminal offence of unlawful site development, as long as the offence has been ascertained, under both its objective and subjective elements, in the context of a due process of law; nevertheless, once the statute of limitation has expired, the trial cannot continue for the sole purpose of carrying out the aforementioned assessment, in accordance with art.129, para. 1, of the Italian Code of Criminal Procedure. If the statute of limitation expires during an appellate procedure, the appellate court is required to decide on the appeal, according to art. 578-bis of the Italian Code of Criminal Procedure, for the sole purpose of the confiscation.

Copyright of IWNW is the property of Ain Shams University, Faculty of Archaeology and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper deals with the methods of seizure of property in criminal proceedings and with the individual institutes that may be used for this purpose. This is a form of vademecum of the financial investigation, which is currently one of the priorities of criminal policy. The paper responds to the latest development of the decision-making activities of the courts and tries to point out to certain stereotypes that are already outworn by the decision-making activities in selected decisions.