Confiscation of property: current problems of etymology, legal nature, form and content

The article studies the institute of confiscation of property in order to study its legal nature, form and content. In order to achieve the set goals, the author uses methods of systematic analysis of normative legal material, theoretical literature, explanations of the Supreme Court of the Russian Federation, as well as judicial practice. In the course of the analysis, the author comes to the conclusion that the measure enshrined in Chapter 15 of the Criminal Code of the Russian Federation (hereinafter - the CC RF) combines 2 forms of criminal-legal impact. The first is the restorative seizure of property, provided for in par. «a» - «b» of part 1 of article 104 and part 1 of article 104 of the CC RF, which is another measure of a criminal-legal nature aimed at restoring the original property status of the victim that existed prior to the commission of the crime. The second is preventive confiscation, enshrined in paragraphs «c» - «e» of part 1 of article 104 of the CC RF, which is an analog of punishment aimed at criminal-legal impact through the property of the person who committed the crime. The result of the study is also a conclusion about the correctness of the use of the term «seizure» in relation to the measure provided for in par. «a» - «b» of part 1 of article 104 of the CC RF.