FEATURES OF THE LEGISLATION OF ENGLAND IN THE FIELD OF LEGAL REGULATION OF THE INTERNATIONAL SEARCH, ARREST AND CONFISCATION OF ASSETS OBTAINED BY CRIMINAL WAYS

Abstract

The article examines the legislation of England on the legal regulation of international search, seizure and confiscation of criminally obtained assets. Features of normative-legal acts in this sphere are analyzed. It is stated that the legislation of England contains a fairly wide range of laws and regulations in the field of international search, seizure and confiscation of criminally acquired assets since 1971. It has been established that the Criminal Justice Act (International Cooperation) since 1990 is the main legislative act of England, which defines the principles and regulates the procedure of international cooperation in criminal proceedings, including the search, seizure and confiscation of property and funds, obtained by criminal means. Emphasis is placed on the fact that in the legislation of England the greatest attention is paid to the institution of confiscation in connection with the prosecution for crimes related to drug trafficking. This situation is explained by the fact that, in codified form, the main legislative provisions on the search, seizure and confiscation of criminally obtained assets are set out in the 1994 Law on Illicit Trafficking in Narcotic Drugs. This normative act details the powers of the police and other authorized bodies to provide legal assistance to the authorized bodies of foreign states, in the investigation of criminal cases of illegal drug trafficking and other “serious crimes” committed abroad. The concepts of confiscation and special confiscation, their features and the bases of carrying out are specified. Emphasis is placed on the fact that in England, confiscation is not a criminal penalty and is not provided for in the sanctions of the relevant articles of substantive law. Confiscation of criminally obtained funds and property in English law belongs to the category of criminal procedural measures of ancillary nature and is allowed only in the case of a small range of “high-risk” crimes, which entail the arrest of the suspect in court. Signs of the ancillary nature of confiscation of criminally obtained assets are that: the rules governing the confiscation procedure are not contained in criminal law, but in procedural legislation; confiscation has an absolutely definite character, in contrast to the basic sanctions, which have an alternative character; the issue of confiscation of assets in the event of a crime is considered by the court separately and only after the conviction; confiscation, in essence, is used not only to deprive the guilty person of certain assets, but also to compensate the state for the damage caused by the crime. It is established that in accordance with the legislation of England such assets as: the weapon of a crime are subject to confiscation; property and funds (part of the property) that were used to commit the crime; proceeds (in any form) derived from criminal activity and related to drug trafficking and other “serious crimes”.