SEIZURE OF PROPERTY FOR ENSURING POSSIBLE CONFISCATION OF IN REM
In article need of introduction to criminal and criminal procedure legislations of a system of norms on realization of confiscation of property of «in rem» on corruption and other crimes is proved.The significant damage to the state caused as a result of commission of corruption crimes once again confirms need of shift of emphases from fight against corruption consequences on its modern anticipation, including by confiscation of property of «in rem».The purpose of this article is studying of a package of measures for restriction on hand, use of property, acquired in the criminal way or at suspicion of its acquisition in the similar way and also withdrawal of such property at the person of the made corruption crime or the third parties, on the basis of the analysis of theoretical and legal bases of seizure on property and pre-judicial production about confiscation, development of offers on improvement of the criminal and criminal procedure legislation of the Republic of Kazakhstan and law-enforcement practice concerning the considered problem. The precepts of law regulating activities for seizure of property and its confiscations without adjudgement fixed by the criminal procedure legislation and other regulations act as a subject of article.The methodological basis of the research was constituted by the provisions of dialectical materialism, as well as general scientific and private-scientific methods, such as analysis, synthesis, generalization, logical-theoretical, system-structural, formal-legal, comparative-legal and some other methods.When using confiscation of property of unknown origin, it is advisable for the domestic law enforcement officer to be guided by the presumption of the illegal origin of this property, in other words, the burden of proving the legality of the acquisition of property to shift to the suspect, the defendant, the owner or the legal owner of this property.On the basis of the conclusions drawn in article, recommendations about change and addition of articles of Article 113, 161, 163, 168, 390, 668 Codes of Criminal Procedure of the Republic of Kazakhstan are made.