On the subject of confiscation of property as other measures of a criminal-legal nature
The Constitution of the Russian Federation declares a person, his rights and freedoms to be the highest value, which is consistent with the provisions of the natural law concept of law. By establishing this legal provision, the State undertakes to recognize, observe and ensure the protection of human rights and freedoms. The implementation of these duties is possible with strict observance of constitutional principles, including the principle of legal certainty, according to which ambiguity and inconsistency of regulation, uncertainty of the content of the legal norm is not allowed. Thus, the content of legal norms should be clear, consistent and definite. Moreover, legal provisions should be formulated and applied in such a way that a balance of public and private legal interests is achieved, in particular, the principle of proportionality of restrictions on the constitutional rights of citizens is observed. The institution of confiscation of property is associated with the restriction of the constitutional right of citizens to private property and must be carried out by the court in strict accordance with the requirements of the Constitution of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation, the current criminal and criminal procedure legislation.