The relatives of corrupt officials are going to confiscate criminal property

71
The fight against corruption, which in the mode of permanent announcement by the Russian authorities is conducted on the territory of Russia, continues to be overgrown with legislative initiatives. Initiatives are becoming more and more, but most of them shoot what is called "milk", but does not get "in the bull's eye." It is precisely because, more often than not, initiatives “beat” around the bush, it’s impossible to organize a qualitative response to thievish officials. The hype rises great, but beyond the noise in the press it often does not go. Let us try to figure out what the new legislative initiative is about.

It is reported that the person who voiced the new initiative was the State Duma deputy from the Communist Party faction Yury Sinechshchikov, who is a member of the Duma Committee on Criminal Legislation. The deputy proposes to amend the Criminal Code of the Russian Federation, according to which property of the relatives of persons who have committed corruption crimes will be confiscated if the investigation determines that it (property) was acquired with funds received illegally.

The relatives of corrupt officials are going to confiscate criminal property


By the way, such a legislative initiative has already been submitted to the State Duma for consideration, it only concerns the need to confiscate property from relatives of individuals who have joined terrorist activities. The main reason for the release of such a project “to the parliament” is that often terrorist leaders use the funds received from the “sponsors” to improve the material well-being of their relatives. As soon as this bill entered the lower house of the Russian parliament, a discussion immediately began about the fact that it would be nice to extend the initiative to members of “corrupt” families.

The initiative that the property acquired by criminal means, registered for the relatives of corrupt officials, must be selected in favor of the state, of course, looks right. But the only question is how far this initiative and the law itself, which can appear on its basis, are workable and how far are they from banal populism? In fact, the question can even be reformatted somewhat: would it be necessary to reinvent the legislative bicycle if all the laws currently in force (including the provisions of the Criminal Code of Russia) were strictly enforced on the territory of the Russian Federation itself?

So, the legislative initiative, which can turn into a full-fledged bill, proposes to take property from relatives of bribe takers, embezzlers and other corrupt officials in that situation, if the criminal component is proved when receiving funds for the purchase of this property. It is worth recalling that in the general part of the Criminal Code of the Russian Federation there is the head of 15.1, which is called “Confiscation of property”. This chapter contains several articles that describe both the concept of confiscation of property, and the fact of crimes under which articles of the Criminal Code concern it. For example, article 104.1 of this chapter says literally the following:

Confiscation of property is a compulsory free seizure and conversion into state ownership on the basis of a conviction of the following property:

a) money, valuables and other property obtained as a result of committing crimes provided for by part two of article 105, parts two to four of article 111, part two of article 126, articles 127.1, 127.2, part two of article 141, article 141.1, part two of article 142 , article 145.1 (if the crime was committed with mercenary motives), articles 146, 147, articles 153-155 (if the crimes were committed with mercenary motives), articles 171.2, 174, 174.1, 183, parts of the third and fourth article 184, articles, articles 186, 187, 189, 204, parts of the third and fourth articles 205, articles, articles 205.1, 205.2, 205.3, 205.4, parts of the third and fourth article 205.5, articles, articles 206, 208, 209, 210, 212, articles 222, 227, 228.1, 228.2, 228.4, 229, 231, 232 , 234, parts of the third and fourth article XN UMX, art. 240, 241, 242, 242.1, 258.1, 275, 276, 277, 278, 279, 281, 282.1, 282.2, 283.1, part of the second article 285, Art.290, 295, XNXX.p. , 307, 309, 355, 359, XNUMX, XNUMX, XNUMX, XNUMX, XNUMX, XNUMX, XNUMX, XNUMX, XNUMX, XNUMX, XNUMX-XNUMX, XNUMX, part of the third article of XNUMX. Further a few more specific points - the full text can be found in the database IPP "Garant" .

That is, in case of accusations, for example, of receiving a bribe (Art. 290), in commercial bribery (Art. 204), the court may well decide to confiscate property in favor of the state (this, of course, if there is an independent court decision). Of course, in this case it is necessary to increase the number of articles on which confiscation "shines" for the embezzlers. For example, it would not be superfluous to introduce into this circle the Art. 291.1 of the Criminal Code of the Russian Federation (this is “Mediation in Bribery”), because it is naive to believe that mediation occurs without its “retractable” means. It is necessary to consider the issue of the possibility of confiscating property from persons convicted under article 286 of the Criminal Code of the Russian Federation “Excess of official authority”, if the excess relates to obtaining financial gain. The 159 article “Fraud” would also be worth considering as one of those for which the confiscation of property can “shine” to criminals from among the corrupt officials.

Another thing is that we all perfectly understand the actual inoperability of this entire system. That is, internally it works very well: multi-volume criminal cases are being formed, investigators, prosecutors and judges receive salaries, secretaries painstakingly fix every word during court hearings, but this is not always good. If it comes to a large bureaucratic figure, against which, it would seem, just terabytes of evidence are collected, the “machine” starts to switch to idle - “fuel” it “eats”, someone presses for gas - the engine roars, and the wheels are hard not spinning ...

In recent years, it is difficult to recall at least one corruption case in which a severe conviction would be pronounced using the article of the General Part of the Criminal Code of the Russian Federation on the confiscation of property. And if the article about the confiscation of property does not work in relation to corrupt officials (they are simply “negligent”, they are innocent in general, and the junior assistants of senior clerks who put papers for signature) are appointed guilty instead of them, then will it work? against relatives of embezzlers? The answer is obvious ...

If the system worked effectively, then already now there were no problems with the return of funds lost by the budget from the "tumultuous" activities of this or that official. The official would simply not have time to register the property purchased with the help of corruption funds “for his uncle”. But the system, to put it mildly, is ineffective. The fact is that even if someone is taken “for an udder”, it immediately turns out that all property (houses and apartments, expensive cars and foreign villas, golden statuettes and yachts) was acquired only before a person received official position. Immediately “in the annals” are documents almost from the time of Peter the Great, in which it appears that the mayor, governor, vice-speaker, minister or other official have the right to own “chambers” in so many hundreds of square “fathoms”. The court looks at these documents and says: yes, everything is received legally, and therefore the property is not subject to confiscation in favor of the state. Live, my dears, on your honest and overworked hard earned Rublev villas or entsat-room apartments, ride honestly earned Maybachs, Mercedes or Aston Martin. The state has no complaints against you. Well, think "petty hooliganism" in the distribution of the budget, after which they did not build a kindergarten, but they completed the third floor of the dacha of their nephew or bought a convertible for the vice-mayor's wife ...

So, before the new initiative will be put to the vote, the deputies still need to think, and how effective were the old initiatives. Otherwise, you can pile up thirty-three gardens with “confiscation”, but what is the use of this? There would be precedents with the confiscation of the property of the corrupt officials themselves - then yes. But as long as they do not exist (often even despite the obviousness of criminal activity), more and more new initiatives around this problem will give a tinge of populism.
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  1. makarov
    +7
    23 December 2013 08: 44
    In that perspective, which is described in the bill, this is the CORRECT decision !!!
    1. +13
      23 December 2013 08: 49
      Specifically, Serdyukov, along with his sons-in-law, mistresses and implanters, are confiscating something? Or is it not 37 year for them for us?
      1. +5
        23 December 2013 08: 56
        No matter how cruel it is, but Serdyukov, the robe will have to be returned.
        1. A.YARY
          +21
          23 December 2013 09: 20
          To the fact that the law must be tough and fair-
          CONFISCATION-should not be "want-do not want" at the request of the judge, it must be mandatory if the article is applied.
          And it's also time to switch to the correct account in terms of time, not "from" and "to", so many years and that's it! Moreover, in the criminal legislation to completely exclude "convention" in terms!
          These measures are the first step towards ending the practice - "everything depends on the judge"!
          1. +11
            23 December 2013 10: 56
            Quote: A.YARY
            CONFISCATION-should not be "want-do not want" at the request of the judge, it must be mandatory if the article is applied.


            That's right, Andrey, I hold the same opinion. The courts need to be taken away the right to vary the punishment, their case only to prove in the course of the judicial investigation the specific guilt of the defendant. Guilty or not guilty. Otherwise, you can give it 9 years probation for a bankrupt plant and withdrawn money abroad, and another 7 years of strict regime for robbery with application arms, the guy was given such a term for threatening with a children's toy gun he robbed a tent in the amount of 7 thousand rubles I know such a real case.
            1. pavka
              +1
              23 December 2013 21: 48
              I totally agree! Found guilty - a strictly fixed term and complete confiscation are applied without the possibility of variations by a judge! Any property acquired abroad, bank accounts and other assets must be internationally criminally acquired and requested for return.
              1. Mature naturalist
                +1
                24 December 2013 00: 17
                If the law on confiscation is adopted, it means literally a coup by the Majesty. This means that the GDP is no longer needed by his team. He stands above them. And he will recruit a new team, and these themselves will be dumped. And new ones are already afraid to behave this way so as not to expose loved ones.
                In fact, they say that these are already knocking down - the outflow of money from Russia exceeds everything that was before. They buy up everything. There, "over the hill".
              2. The comment was deleted.
          2. +8
            23 December 2013 11: 05
            If the judge will clearly know that the case can be brought up in 20 years, and for his refereeing he will lose his job and get a term with confiscation, then the courts will begin to judge by law.
            1. cartridge
              +12
              23 December 2013 12: 28
              Confiscation alone is not enough. The moratorium on the use of the death penalty must be lifted. Life is more expensive than money!
              1. VAS 84
                +4
                23 December 2013 12: 47
                Confiscation may well be enough if they check not only relatives of relatives (wife, son, mother), but it is also necessary to check how and on what means uncles, aunts, two-yard brothers-sisters, grandparents, and if they own a house on Rublyovka in 1000 sq. M., With a salary of 50000-100000 rubles. demand to explain where such "huts" come from. Well, if they can't explain-CONFISCATION! am
                1. +14
                  23 December 2013 14: 00
                  But it was just like that under the Union! Any expensive purchase - a car, a summer residence, a cooperative. the apartment aroused the lively interest of the severe uncles from the OBKhSS. sad By the way, all crooks in the USSR were afraid of this department to a cold sweat, to convulsions, jumped up pissed at night! More than KGB dissidents. After all, the articles very often provided for a "tower" !!!! And the scoundrels were shooting!
                2. +1
                  23 December 2013 22: 28
                  Quote: VAS 84
                  Confiscation may well be enough if they will check the relatives of not only relatives

                  Absolutely accurate definition! good
                  Any citizen is obliged to give a clear answer to the question: where did he get the candle factory, a millionth bank account, a hundred hectares of land, expensive real estate, a luxury car, gold - diamonds, etc.?
                  And for the vast majority of our citizens this will be quite easy to do, because no one will ask them. For lack of, so to speak, corpus delicti.
                  It is easy to explain their capital to the legal owner of the production, the famous artist, artist, writer.
                  But if an official or an "unemployed" "is silent, does not give an answer," then a criminal case.
                  This is not our invention, so, incidentally, is spelled out in the UN Convention against Corruption. Article 20 of which, on illegal enrichment, has not been ratified with us so far.
                  Apparently, because it's not the 37th year in the yard ... request
            2. Airman
              +6
              23 December 2013 14: 05
              Quote: Kohl
              If the judge will clearly know that the case can be brought up in 20 years, and for his refereeing he will lose his job and get a term with confiscation, then the courts will begin to judge by law.

              After 20 years, he (the judge) will calmly stay in retirement, and you can’t break him by anything. It is necessary for judges who have made an unlawful decision (the driver is conditionally 2 years old, having knocked down a child to death at a pedestrian crossing), put them on their own for negligent performance of public service duties.
      2. Gluxar_
        +4
        23 December 2013 09: 10
        Quote: Nikolay S.
        Specifically, Serdyukov, along with his sons-in-law, mistresses and implanters, are confiscating something? Or is it not 37 year for them for us?

        And who has the materials on Serdyukov? A lot of noise, but no specifics.
      3. +7
        23 December 2013 12: 49
        Quote: Nikolai S.
        Specifically, Serdyukov, along with his sons-in-law, mistresses and implanters, are confiscating something? Or is it not 37 year for them for us?

        so big and believe in fairy tales!
        the stool in the coming days will be recognized as a participant in the hostilities, since he was the Minister of Defense in the 2008 year.
        it is necessary for amnesty.
    2. Gluxar_
      +6
      23 December 2013 09: 09
      Quote: makarov
      In that perspective, which is described in the bill, this is the CORRECT decision !!!

      It's time to separate business and politics. If you want power, go into politics, if you want money, go into business. no need to use one to get the other.
      1. +2
        23 December 2013 12: 59
        Quote: Gluxar_
        It's time to separate business and politics. If you want power, go into politics, if you want money, go into business. no need to use one to get the other.

        Well, it's like two boots: they go into politics just to make money and money-makers can't do without politics, and even if they take away the opportunity to combine this activity, they form "cooperatives" like Luzhkov with his wife - everything is legal: he makes politics money. It is impossible to separate this "sweet couple" because they are two wings of the concept of power! Capitalism is unable to solve this problem in principle!
    3. +7
      23 December 2013 09: 52
      Uhhh ....
      Fresh legend
      And Swiss dungeons, and offshore, and underground, chests, cellars, caches ..
      This is only a legal draft. the signal - Well, quickly hid everything
      Yes, while this law takes power (and yet, in what form it will be accepted - Surely they will arrange all kinds of circumcisions for it - in the State Duma half will be against-contra)
      We all went through it

      It's time for SANITARY ACCESSORIES to invite

      1. +11
        23 December 2013 11: 23
        Quote: Very old
        And Swiss dungeons, and offshore, and underground, chests, cellars, caches ..


        So Hodor served almost a dozen. But he has 16 billion dollars in Switzerland. and a few more small bills of 10-12 million dollars in various foreign banks. It’s only life-long, otherwise everything is useless.
        1. +4
          23 December 2013 11: 28
          Quote: Ascetic
          . It’s only life-long, otherwise everything is useless.

          Stanislav, for a person who has billions in the bank, even causes a month in prison to cause heartburn. Almighty and powerless despite all the loot. He will end like Berezovsky, everyone will have it now. And in the end, when he becomes they’ll remove the need by accusing Russia.
          Hi hi
          1. +10
            23 December 2013 13: 43
            Quote: Alexander Romanov
            Hi


            Hey. I look here Posner is very offended by him, and the rest of the creative and liberal comrades, the operation "the great MBH in the camp pea coat hugs comrades in the struggle for freedom and leads the people to new achievements" failed. And most importantly, they broke off eagerly clinging to those Swiss billions of Hodor to contain the struggle for a just national cause. I think he will not step twice on the same rake and violate the agreement with Putin not to engage in politics.
            With the release of the polytitle, a wide flow of grants for its release will stop. Many NPOs will be in danger of existence, will be forced to switch to a hungry rations. But there is no better accomplice to the KGB regime than a starving human rights activist. He never knew how and did not try to work, the KGB has weighty arguments to transform it into its provocateurs. The main trump card of all progressive humanity, Sting and Bzhork, is lost in the fight against the totalitarian regime of North Mordor. Freeing Khodorkovsky, the insidious Putin knocks out a weighty lever of pressure from the hands of the West. What will Senator John McCain and the drafters of the Magnitsky list be indignant? Thus, we are forced to admit that Mordukhai Khodorkovsky was useful to all concerned creaks, hipsters and opposition microbloggers in the Gulag. At large, few people need him.
            1. +4
              23 December 2013 16: 58
              Ascetic - "Mordukhai Khodorkovsky ..." laughed heartily drinks
            2. The comment was deleted.
        2. +5
          23 December 2013 14: 02
          The highest measure! Shoot the bastards! A family-in the homeless !!!!
        3. +1
          23 December 2013 16: 35
          Why "life"? Why keep them? There are no questions to the wall.
      2. Airman
        +2
        23 December 2013 14: 12
        Quote: Old very
        Uhhh ....
        Fresh legend
        And Swiss dungeons, and offshore, and underground, chests, cellars, caches ..
        This is only a legal draft. the signal - Well, quickly hid everything
        Yes, while this law takes power (and yet, in what form it will be accepted - Surely they will arrange all kinds of circumcisions for it - in the State Duma half will be against-contra)
        We all went through it

        It's time for SANITARY ACCESSORIES to invite


        SANITARY TECHNICIAN, SAN!
    4. 225chay
      +3
      23 December 2013 10: 05
      Quote: makarov
      In that perspective, which is described in the bill, this is the CORRECT decision !!!
      yes, just look who is sitting in the State Duma - bees against honey
    5. +1
      23 December 2013 19: 31
      The decision is right, but will there be action? And this is unlikely! In Soviet times, confiscation of property was applied to many participants in criminal cases - theft of state property, robbery and banditry, criminal offenses against the state, currency articles, bribes, and much more. And at the present time they are afraid to apply this type of punishment, and you can always decide not to apply it by agreement with the judge in a behind-the-scenes conversation. Now everything is possible for the official and embezzler, except for an honest life!
    6. +1
      23 December 2013 21: 15
      In that perspective, which is described in the bill, this is the CORRECT decision !!!


      )) First, it is necessary to catch the corrupt officials themselves)) 100% of the law may not pass. Do you think the deputies are crystal clear to pass such laws?))
  2. +25
    23 December 2013 08: 54
    It's time for embezzlers and bribe-takers to build a city in the Arctic Circle. And so that they themselves build from improvised material, they will survive, they are lucky, but no, no one will cry. You can also call this event - The Last "Hero", and broadcast on TV, the ratings will be crazy!
    1. Alikovo
      +1
      23 December 2013 09: 03
      a good idea.
      1. +2
        23 December 2013 09: 46
        It was high time to introduce confiscation, if amendments work, then the monument to Yuri Sinelschikov
      2. The comment was deleted.
    2. +2
      23 December 2013 09: 45
      Quote: Good
      The last "hero", and broadcast on TV, the ratings will be crazy!

      Yeah, you just need to name it: "The last u.r.o.d"
    3. 225chay
      +1
      23 December 2013 10: 11
      Quote: Good
      It's time for embezzlers and bribe-takers to build a city in the Arctic Circle. And so that they themselves build from improvised material, they will survive, they are lucky, but no, no one will cry. You can also call this event - The Last "Hero", and broadcast on TV, the ratings will be crazy!

      Vyacheslav, you are really very kind)))
    4. +3
      23 December 2013 13: 08
      Quote: Good
      It's time for embezzlers and bribe-takers to build a city in the Arctic Circle. And so that they themselves build from improvised material, they will survive, they are lucky, but no, no one will cry. You can also call this event - The Last "Hero", and broadcast on TV, the ratings will be crazy!

      - Glory wake up, shower!
      -Ivan why I woke up I had such a good dream, imagine there justice is not a word but reality!
      1. +1
        23 December 2013 13: 30
        I put a plus sign for you! good
    5. 0
      23 December 2013 13: 28
      Quote: Good
      , survive, lucky, but no, no one will cry.
      You directly correspond to your nickname "Good" laughing
      1. +3
        23 December 2013 13: 34
        Of course, he’s good, in China embezzlers are executed, but here is no chance.
    6. Airman
      +2
      23 December 2013 14: 18
      Quote: Good
      It's time for embezzlers and bribe-takers to build a city in the Arctic Circle. And so that they themselves build from improvised material, they will survive, they are lucky, but no, no one will cry. You can also call this event - The Last "Hero", and broadcast on TV, the ratings will be crazy!


      So the contingent there will be constantly updated: some to the earth, others from heaven to earth. This show is for many years.
  3. +4
    23 December 2013 08: 56
    Otherwise, you can pile up thirty-three vegetable gardens with "confiscation", but what's the point? Already piled up - one imitation. Here already the Criminal Code of the Russian Federation was proposed to be supplemented with a new article - 280.1. According to this article, calls for the alienation of Russian territories will be punished with a fine of three hundred thousand rubles, 300 hours of compulsory labor, or a prison term of up to three years. We need to clarify the initiative: up to a million is a criminal article with confiscation of unbearable gains, up to a billion is just a business ... after a billion is high politics.
  4. 0
    23 December 2013 09: 00
    And, by the way, who is making the fuss in the press about the corruption of officials? If the party in power, and in its own words, the regime, controls almost all the media, then why should it pull dirty linen out of public. Isn't it better to hide everything. Our people are docile and if they are not disturbed, then they will not notice corrupt officials. For example, Serdyukov. Why did one of those in power have to regularly leak in the media about the corruption tricks of this official in the media for several years? And his resignation itself did not take place "in connection with a transfer to another job," but because of high-profile cases in his department. Very interesting. It becomes even more interesting now, when Serdyukov is clearly wanted to get rid of crime. The question is, why, gentlemen, did you denounce him? Do you always have the right hand does not know what the left is doing?
    1. Airman
      +2
      23 December 2013 14: 22
      Quote: ICE
      And, by the way, who is making the fuss in the press about the corruption of officials? If the party in power, and in its own words, the regime, controls almost all the media, then why should it pull dirty linen out of public. Isn't it better to hide everything. Our people are docile and if they are not disturbed, then they will not notice corrupt officials. For example, Serdyukov. Why did one of those in power have to regularly leak in the media about the corruption tricks of this official in the media for several years? And his resignation itself did not take place "in connection with a transfer to another job," but because of high-profile cases in his department. Very interesting. It becomes even more interesting now, when Serdyukov is clearly wanted to get rid of crime. The question is, why, gentlemen, did you denounce him? Do you always have the right hand does not know what the left is doing?


      Serdyuk's sacrificed pawn is a signal to others that in some cases there are no "untouchables" at the top. And they understood it.
  5. +6
    23 December 2013 09: 12
    Volodin is absolutely right.
    We have enough good laws. We lack good law enforcement.
    1. +7
      23 December 2013 10: 19
      Quote: My address
      We have enough good laws. We lack good law enforcement.

      That's right, just like that. The judges themselves are corrupt, but don't play around, the police, the prosecutor's office and the UK are the same. Drive past courthouses, police, etc., see what cars they drive, and then follow the car to see where they live. Judges and officials understand each other at once, they are "of the same blood". And do not offend each other. And the multiple fines awarded for bribes also do not frighten anyone, the same judges make decisions on the payment of multimillion-dollar fines by installments of 5 thousand rubles a month. And that's it, the law stalls again.
      And what about the "very smart" heads of state corporations who have money. payment exceeds the salary of the president by 100 times (Yakunins are all sorts there, etc.)? I believe that they also receive this money in a criminal way.
    2. +5
      23 December 2013 11: 15
      Laws on the seizure of property in the amount of the award of damages from the convict and his relatives have long and successfully existed in most developed countries. This is presented to us as an opening and a choir of cries AGAINST, since it will affect almost all LEADERS of different levels. And they probably already invented a way to avoid the seizure of the acquired EXTREMELY work. fellow
  6. vlad0
    +4
    23 December 2013 09: 13
    Our entire anti-corruption system resembles a gigantic idle machine. Initially, it is clear that not a single deputy will come out for a law according to which he can be "tightened up". And the periodic legislative discussions on this topic are self-promotion and window dressing.
  7. +2
    23 December 2013 09: 19
    I do not care about corrupt officials and their majorities, so let them let them all remain in their shorts. In the fight against this phenomenon, any means are good.
  8. +1
    23 December 2013 09: 19
    schA whom a thread will hide well-known that others were afraid! Hodora was released, the place is vacant !!!
  9. 0
    23 December 2013 09: 20
    Confiscation of property from relatives, neighbors, friends ... from everyone who lives in the next quarter ...
    Maybe cancel the secret of deposits and the whole picture will be visible to everyone - when, who, where, how much, and to whom ...
    Then it will be clear who needs to be confiscated.
    And so - it looks like a hostage-taking. It smacks of terrorism.
  10. +1
    23 December 2013 09: 25
    Apathy is already from this corruption. What is most remarkable is that they started talking about the law immediately after Serdyukov’s amnesty. There is sheer hypocrisy.
    1. +4
      23 December 2013 11: 23
      My dear man, well, who will voluntarily chop his fingers. Serdyukov is a finger holding power. They do not surrender their own (in extreme cases - a car accident). negative
  11. +4
    23 December 2013 09: 28
    Somewhere there is a good caricature, to look for laziness. The bottom line is that "you can keep the stolen loot for yourself," they say to the corrupt official, "but the government bag will have to be returned!"
  12. WORD
    0
    23 December 2013 09: 29
    I like the train of thought ... All actions begin with a thought. But for all this to work, it is necessary to write laws more competently. In general, I am in favor of the death penalty and the confiscation of ALL property, and not just what is acquired through corruption. For with such a formulation there are many loopholes for the "non-confiscated".
    1. +1
      23 December 2013 09: 34
      No need to go far. In the USSR it was - the confiscated person has two pairs of socks, underpants ... and then on a very short list with the eviction of the next of kin to a dormitory for malicious not payers, but himself - on the bunks.
  13. The comment was deleted.
  14. Mikado
    +2
    23 December 2013 09: 35
    "... in the event that the investigation determines that it (property) was acquired with funds obtained illegally."

    This is the whole hitch, with our result, what it determines and proves will be practically impossible. These lines need to be removed from the law and it’s all the same that they acquired it with legal means, and that they have stolen money, everything should be taken so that
  15. The comment was deleted.
  16. +5
    23 December 2013 09: 40
    The link is not displayed. Well, then I’ll insert:
    A RESIDENT OF KIMOVSK MAY RECEIVE A TIME FOR THEFT 5 BUCKS OF POTATOES
    07 October 2013 in 10: 30
    Residents of the Tula region are tried for the theft of 5 buckets of potatoes.
    As it became known to IA "Tula Press", the case will be considered in Kimovsky city
    court. A.Shatilov is charged under subsection “b” part 2 of article 158 of the Criminal Code of the Russian Federation (theft, i.e. secret theft of someone else’s
    property committed with illegal entry into the premises).
    The investigation established that on the evening of August 16, 2013, the previously convicted Shatilov wanted
    drink alcohol.
    “He had no money, so he decided to go to a gardening partnership located
    near the village of Mirny to steal something there. Shatilov passed by one
    from the garden plots and noticed that the gate is not locked and the garden house is closed outside
    on a cap bolt.
    In the room, Shatilov found several bags of potatoes. Defendant rendered two
    bag of large potatoes to the street, where he poured in one bag. Sack of potatoes he
    he threw it over his shoulder and carried it to his home. The next day, in the morning, the defendant
    I measured the potatoes, there were 5 buckets in the bag.
    On a bicycle he brought stolen potatoes to the market, where he quickly sold 50 rubles each
    for the bucket. From the sale of potatoes, the man gained 250 rubles, for which he bought alcohol and
    food, ”said a spokeswoman for the Office of the Judiciary in
    Tula region Olga Dyachuk.
    As a result, Shatilov inflicted damage to the victim, who owned the potatoes.
    800 rubles. He was selected a preventive measure in the form of a recognizance not to leave and proper
    behavior. The defendant agreed with the charge against him, of guilty
    fully recognized the crime, asked to consider the case in a special judicial procedure
    proceedings.
    As the Tula Press news agency found out, the court hearing on October 10.
    Sanction of Part 2 of Article 158 of the Criminal Code of the Russian Federation, according to which Shatilov A.S. is accused provides for
    a fine of up to two hundred thousand rubles or a salary
    payment or other income of the convicted person for a period of up to eighteen months, or mandatory
    works for up to four hundred and eighty hours, or correctional works for up to
    two years, or forced labor for up to five years with restriction of freedom for up to
    one year or without it, or imprisonment for up to five years with a restriction.
    Source of the newspaper "Tula Press".
  17. WORD
    +3
    23 December 2013 09: 47
    It doesn’t matter what a person steals, the whole problem lies in his evil intent and the presence of principles and morality. With the same success, Shatilov could have killed someone who stood on his way to this very potato. But he didn’t have enough mind to go and earn money.
    1. +2
      23 December 2013 13: 30
      Quote: SLOVO
      It doesn’t matter what a person steals, the whole problem lies in his evil intent and the presence of principles and morality. With the same success, Shatilov could have killed someone who stood on his way to this very potato. But he didn’t have enough mind to go and earn money.

      Vodka takes the mind and health, and therefore it may be better if it lives under supervision, it will live longer, and in other cases it is cynicism for reporting the disclosure of "crimes". 10000 crimes have been solved with damage of 10 million rubles, only 10 unsolved for an amount of 10 billion total, the percentage of disclosure is almost 100%, the premium for disclosure was 10 million - well, who needs such a law?
  18. 0
    23 December 2013 09: 51
    The initiative is good, the main thing is that the law works and all cases and decisions of the court should be as public as possible so that they could not quietly resolve issues and all confiscated property at public auction.
  19. +1
    23 December 2013 10: 00
    I believe that if confiscation is introduced, then for the entire family of the guilty, leave the necessary minimum housing according to the social. norms, and that's enough, everything else is in state revenue. Introduce the responsibility of all, including distant relatives of the guilty person, for concealing (i.e. rewriting for themselves) values, let them also prove how they acquired.
  20. +1
    23 December 2013 10: 01
    Quote: SLOVO
    It doesn’t matter what a person steals, the whole problem is his malicious intent and the presence of principles and morality. With the same success, Shatilov could have killed someone who stood on his way to this very potato. But he didn’t have enough mind to go and earn money.
    it doesn't matter at all:
  21. +1
    23 December 2013 10: 12
    Rave! We now have such a punishment as confiscation, which is absent in the legislation, so it must be returned at least first, all the more so in order to prove guilt, it takes a lot of energy, in order to unravel these cases, you need to at least create a new structure, moreover, it is strictly controlled and accountable (to whom !?) that corruption has not occurred in its ranks either, but as you understand this is utopia, there is no idea and desire in the highest echelons of power!
  22. +4
    23 December 2013 10: 27
    Who are the judges?
  23. +8
    23 December 2013 10: 29
    There is no need to fight corruption globally: when a teacher gave a fifth grader a mark for a box of chocolates, when a nurse was given a little to look more closely at the sick person, this is not at all the same as building palaces and selling entire cities.
    It seems to me that it would be necessary to link power and rights: The more power, the less rights.
    (For example: it’s grown to measure - no foreign travel abroad)
    The official must understand that power is not a gift. But who will deprive himself of rights.
    1. +2
      23 December 2013 14: 52
      Quote: HollyGremlin
      The more power the less right.

      The more power, the more responsibility - this should be in my opinion, since now occupying a leadership position is a priority for many only in the spectrum of personal happiness and well-being, and when it comes to the rest, if at all, it will come to the rest. action of speech in general is somehow not worth it, otherwise how to assess the punishment in the form of removal from holding leadership positions for such and such a term. Is that all? - I really want to ask. But what about the criminal code? So we have the most humane court in the world (or the most corrupt?)

      Quote: HollyGremlin
      There is no need to fight corruption globally: when a teacher gave a fifth grader a mark for a box of chocolates, when a nurse was given a little to look more closely at the sick person, this is not at all the same as building palaces and selling entire cities.

      The difference is only in the possibilities, but everything is the same.
  24. 0
    23 December 2013 10: 35
    property is confiscated if the investigation determines that it (property) was acquired with funds received illegally.

    It is necessary to ensure that the UK raises questions (where ?, why ?, etc.) to those suspected of corruption or other illegal actions of acquiring money or other property. And these (suspects) provided answers. SK together with public organizations and opposition parties would check these same reports. In the current situation, you can endlessly seek evidence of guilt and not find it, otherwise you will see and the amnesty will come.
  25. +4
    23 December 2013 10: 43
    And what about the 20th article of the UN Convention against Corruption? So that's all ... Did you hide it under the cloth? And as for the confiscation of the criminally acquired LADIES, he legally twisted that they say de facto means a violation of the presumption of innocence in relation to other persons, that is, "completely alien" for the person involved ... In general, the authorities apply "humanitarian law" to their own people, because in actually, not 1937 ...
    1. -1
      23 December 2013 22: 48
      roi.ru/397 - the course of voting of Russians against corruption.
      In Russia, 15 909 people are already against corruption. 57 votes for corruption.
      The rest refrain from expressing their will - in favor of alcohol, indifference and, in fact, corruption.
  26. +1
    23 December 2013 10: 51
    Quote: HollyGremlin
    There is no need to fight corruption globally: when a teacher gave a fifth grader a mark for a box of chocolates, when a nurse was given a little to look more closely at the sick person, this is not at all the same as building palaces and selling entire cities.

    It is necessary to fight globally, but against those who "steal in wagons."
    But in practice it turns out that the more he stole, the "harder" it is to prove and punish.
    And for planted teachers and simple hard workers, we get stars, make a successful career and become prosecutors.
  27. +2
    23 December 2013 11: 08
    To say is not to do. People are stupid now. Enough of the words.
  28. +2
    23 December 2013 11: 25
    I DO NOT BELIEVE
    Delapups will not adopt a law against themselves and their relatives.
    This can only be introduced by presidential decree.
    And the presidents also have relatives.
  29. 0
    23 December 2013 11: 36
    In my opinion, the norm is absolutely stillborn. The author writes absolutely correctly: first confiscate at least something from the corrupt person himself. Only now how do you prove that this particular car was not bought for an official salary, but for kickbacks.

    Quote: GEORGE
    The more power the less right.

    I agree. Power should be a burden, not a tool for the extraction of material wealth. And in this way, it is possible to some extent to reduce the corruption component in the government. And the first thing I would cancel for officials is the presumption of innocence. Came into power - prove that you are honest.

    It also seems to me that the introduction of an absolutely definite sanction for corruption crimes into the criminal code would help. The RSFSR Criminal Code had such a sanction: "encroachment on the life of a police officer" was punishable by the only absolutely definite type of punishment - the death penalty. No options. In this case, the death penalty, it seems to me, is too much, but five years is the very thing. The main thing is that "no options".

    I will explain why it seems to me that this will work.
    High-level officials grew out of small bureaucrats. And these very small officials from the moment they entered the civil service began to take small bribes. So trained, trained, accustomed. Ranks grow - the sizes of bribes grow. It’s difficult to plant big officials - they have experience, connections, influence. And small ones are easy, they are young and stupid. Five years to one, five years to another, five years to their boss. You look, only the most honest and the most cunning will remain. Already not bad. And then they come up with punishments in the form of fines, all sorts of conditional, tired. Guilty - five years. I knew what was going on. For all. No options.
    And the measure of restraint should be one for them - detention. This is also a must. To not even be discussed. Full transparency and lack of variation.
  30. +1
    23 December 2013 11: 43
    Another tuftamoyka, all n --- t about the same thing, came up with one clown fines multiplied by 30 times, where he would get 900 million, just get conditional again and everything stolen will remain
  31. +4
    23 December 2013 11: 43
    The current government has learned to balabolit and troll people ... He has been feeding people with pustace and promises for 20 years, but there is no sense for people ...
  32. +4
    23 December 2013 11: 52
    Previously, for embezzlement, the state applied Art. 93 from 8-15 years with confiscation, Art. 93 (note) execution. I don’t know how humanity is, but it's time to thin out them from a machine gun.
  33. felix
    +2
    23 December 2013 11: 52
    I read only the title. This had to be done a long time ago.
    1. +3
      23 December 2013 12: 31
      Just as you read the headline. The question arose a little different - why is not done a long time ago?

      I did not understand the following in the legislative initiative: "The property will be confiscated from the relatives of persons who have committed corruption crimes if the investigation determines that it (property) was acquired with funds obtained illegally."

      If it has already been proved that the property was acquired illegally, then where are the kinship ties - confiscation, regardless of the degree of kinship, that’s the point. am
  34. The comment was deleted.
  35. +4
    23 December 2013 12: 09
    Confiscation is good, it’s high time, but Serdyukov must be judged at least for sabotage, treason, because he almost got the foreign purchases: armored vehicles, handguns, personal protective equipment, etc., etc. On the same site, see for yourself for about 10-11 years, then he was still in favor. They say our machines are nonsense, SVD is outdated. All the same, the death penalty must be returned for such antics. And right now, only our stools would be able to produce stools !!! And you say confiscation. Stimulated a foreign economy without mutual benefit for our country (stolen, took it to a foreign bank), treason, execution
  36. +2
    23 December 2013 12: 36
    Populism. And nothing more. If there was a desire for power, they would have taken everything away long ago, but will a thief take it from a thief?
  37. yigres
    +2
    23 December 2013 13: 16
    Russian authorities will not fight the vices associated with embezzlement, because it itself is vicious! The new government (after the collapse of the USSR) was created for one purpose - to pluck (appropriate) national wealth. That is what the entire power vertical has been busy with for the past 20 years! She cannot carve herself. Of course, individual facts (like the former Tula governor VD Dudka) will be popped to the layman so that you can periodically let off steam from it, but no more. The radical current government will not do anything.
  38. +2
    23 December 2013 13: 54
    <<< ... you need to think about how effective the old initiatives turned out to be. Otherwise, you can pile up thirty-three vegetable gardens with "confiscation", but what's the point? There would be precedents with the confiscation of the property of corrupt officials themselves - then yes. But so far they are not there (often even despite the obviousness of criminal activity), (!!!!) >>>
    Old initiatives with "confiscation" do not work and, obviously, new similar initiatives will not work, turning the fight against corruption into empty demagoguery without concrete results! And all this is because in order for each person involved in a corruption case to determine the list of alleged and subject to confiscation of property and to collect evidence on this property in the face of active opposition from the person involved and his lawyers, assistants and a lot of loopholes in the law, a GIANT apparatus of qualified employees is needed and the abyss of TIME, which our law enforcement officers simply DO NOT have! Therefore, it is advisable to determine the damage caused by the defendant, to determine the list of property, obviously acquired by him for non-labor income, you need to judge the defendant, give him a good time and, most importantly, assign an amount of hundreds of MILLIONS or even BILLIONS of rubles to be paid, which he owes RETURN TO THE KAZNA and until they are returned, will have to SIT! Then you will not need this endless idiot with the defendant's lawyers for each object of confiscation: it was acquired legally or illegally, the time for investigation will be reduced and fewer people will be required! By the way, there is already such a precedent with a verdict on the payment of a huge amount of HUNDREDS OF MILLION rubles! Surely such a measure of influence on corrupt officials and embezzlers will be the most effective!
  39. +1
    23 December 2013 14: 07
    Adopt the law - 10% of the confiscated judge and the prosecutor ... yes, in six months we will all be surprised by the zeal of lawyers.
    Yes, and the cases will not be in the courts for years, we will rake everything 22 years ago.
  40. tooth46
    +2
    23 December 2013 16: 34
    You will not wait. Many "legislators" themselves have a snout in a thick and abundant down. Surely all these "new initiatives" will be emasculated and impossible for real application in practice. If only it were that simple. Again, it is known that a crow will not peck out a crow's eyes.
  41. +1
    23 December 2013 16: 46
    It is necessary to give on the "aggregate", as in the states, and if he did not have time to serve himself (died), let his relatives do it.
  42. vanaheym
    +1
    23 December 2013 19: 52
    And it will be, as always - people like Serdyukov will be attracted for negligence, and small things - to strip naked so that people see that the fight against corruption is merciless.
  43. The comment was deleted.
  44. +1
    23 December 2013 21: 58
    Quote: Good
    It's time for embezzlers and bribe-takers to build a city in the Arctic Circle. And so that they themselves build from improvised material, they will survive, they are lucky, but no, no one will cry. You can also call this event - The Last "Hero", and broadcast on TV, the ratings will be crazy!

    I will repeat myself. Good idea. But we are "not 37 years old".
  45. +1
    23 December 2013 22: 30
    Pancake! Will our ministers and deputies be without pants? Freshly tradition ....
  46. 0
    23 December 2013 22: 42
    A gang under trial is the right decision. Something has changed? It has been blocked for decades.
  47. Shur
    +1
    23 December 2013 23: 31
    The saddest thing is that all this "smoldering" situation in the country nullifies any efforts of the GDP. And he understands everything, but either a split personality comes out, or this is the "bright future". The gang is a very unreliable structure of power, they can simply be drained and thrown. It's a pity, but I started so well, just like VILENIN ..
  48. +2
    23 December 2013 23: 58
    The relatives of corrupt officials are going to confiscate criminal property

    Suck up! I do not believe! (C) laughing
  49. +1
    24 December 2013 00: 01
    For a long time it was necessary to carefully tighten the tail to the bureaucrats.
  50. +1
    24 December 2013 06: 06
    Quote: iConst
    The relatives of corrupt officials are going to confiscate criminal property

    I also doubt it. It's all fairy tales! Apparently the key word here is "gather." And we learned how to get together. For 20 years they have been "going" to fight corruption, but Russia has not yet joined an international convention on this issue. But they are going.

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