The Verkhovna Rada of Ukraine endorsed in the second reading the Draft Law №2541а on Introduction of Amendments to Criminal and Civil procedural codes of Ukraine regarding the improvement of the institution of special confiscation with the purpose to prevent corruption risks during its application”. The draft law, included in “visa-free package”, was endorsed by 272 people’s deputies, RBC-Ukraine (РБК-Украина) reports.
Thus, the law stipulates what property is subject to special confiscation.
“Money, valuables, including funds, placed on bank accounts or deposited in banks or other financial institutions, other property, specified in this article, delivered by the person, who committed crime, stipulated by this Code, to the third party, who received or purchased from the suspect, accused or convict the property, acquired by criminal means, in cases, set forth in the part of the first article 961 of the Code without compensation or in exchange for the amount, which is significantly lower than the market price, where he knew or should have known that the purpose of such delivery is the avoidance of confiscation and special confiscation, are subject to special confiscation”, as it is said in the document.
It is emphasized that the aforementioned information regarding third party should be established by judicial procedure based on sufficient evidence.
It is defined that the special confiscation cannot be applied to the property, which is owned by bona fide purchaser.
