Confiscation of money (other property) substituting confiscation of a vehicle

Introduction. Under consideration are normative (Criminal Law and Criminal Procedural) and practical aspects of application of confiscation of money (other property) (Article 104² of the Criminal Code of the Russian Federation) instead of confiscation of a vehicle (cl. "e", part 1 of Article 104¹ of the Criminal Code of the Russian Federation) belonging to the accused in committing crimes related to violation of traffic rules. The purpose is, on the basis of the study of criminal legislation and judicial practice, to identify the peculiarities of application of confiscation of money (other property) instead of vehicle confiscation, to develop recommendations for the correct application of the law. Materials, Results and Discussion. The author estimates the influence of the investigator’s activity on the creation of conditions for making a decision on confiscation of a vehicle as a prerequisite for application of Art. 104² of the Criminal Code of the Russian Federation. Peculiarities of application of confiscation of money (other property) instead of confiscation of a vehicle are proposed. The assessment of judicial practice of application of Art. 104² of the Criminal Code of the Russian Federation is given with regard to cl. "d", part 1 of Article 104¹ of the Criminal Code of the Russian Federation. Some recommendations for the correct application of the law are offered.