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result(s) for
"CONFISCATION"
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The Issues of a Natural Object (Resource) Confiscation From the Owner or User
2015
The author studies the concept of a natural object (resource) confiscation and analyzes the acting legislation which regulates the relations of ownership, use and disposal of natural objects. An improved procedure for termination of ownership of natural objects (resources) and their confiscation is proposed. Since the rights and freedoms are realized in society, this fact often leads to the inevitable alienation of the property. This is conditioned by the need to respect the same rights and freedoms of other people, as well as by the necessity of the normal functioning of society, state and any staff. However, any cases of alienation of civil rights objects, as well as restrictions on the rights to them are allowed to the extent predetermined by the constitutionally significant purposes. Natural resources legislation, regulating the use of natural objects clearly and consistently provides for cases when the user of a natural object can be deprived of their right to it for violation of the law. However, the Civil Code, referring natural objects (resources) to the property, contains very few regulations go erning the issues of such property confiscation. Besides, the relevant provisions on the termination of the rights to natural objects (resources), their suspension and restriction will allow introducing further legal grounds.
Journal Article
Immobili confiscati da illegalità a bene comune: requisiti di una risignificazione necessaria
2024
In addition confiscated properties constitute a po-tential resource for the territory from an economie point of view, capable of sup-porting job opportunities and enhanc-ing useful services and activities for the community invok/ed. The resignification of confiscated property requires specific focus on the various phases of the inter-ventions. Keywords: Confiscation; Commoning; Confiscated property; Unfinished buildings; Baukultur Oltre la distinzione pubblico/privato nelPambiente costruito: confisca come forma di commoning Nella contrapposizione tra pubblico e privato si esprime un fondamento della cultura occidentale, su cui si sono im-perniate teorie economiche, giuridiche e sociali. L'approccio unitario aH'ambiente costruito, condiviso a livello istituzionale in Europa con il concetto di Baukultur, rafforza 1'identificazione di ambiente costruito e della stessa cultura della costruzione come bene comune: \"High-quality Baukultur requires striking the right balance between cultural, social, economie, environmental and technical aspects of planning, design, building and adaptive reuse, in the public interest for the common good\" (Swiss Confe-deration, 2018, art. 14).
Journal Article
Survey Proves Useful in Learning About Members
2023
Seeking members' input is an important part of leadership in DKG. In this article, Editorial Board member Dr. Kammie Richter describes use of a survey to garner members' perceptions of a state organization publication and the additional insights that survey provided.
Journal Article
Label V. content: the problem of non-recognition of civil confiscation orders in Europe
2022
The paper discusses the problem of non-recognition of civil confiscation orders in Europe. Despite the breakthrough in international cooperation in the freezing and confiscation of crime proceeds in the criminal law domain, the formal approach in some European states destroys the potential of one of the most advanced instruments against crime proceeds—civil confiscation orders. The study offers a comparative analysis of the concepts of the confiscation of crime proceeds within and outside the frameworks of criminal proceedings. The analysis serves as the basis for the discussion of whether there is reasonable ground for the formal distinction between these concepts. The author concludes that the formal elimination of the civil confiscation orders has no substantial background. The analysis of both extended powers of confiscation in the criminal law domain in Europe and the Lithuanian Law on Civil Confiscation in the light of principles of proportionality and fair proceedings shows that civil confiscation regimes outside the framework of criminal proceedings may provide adequate safeguards to those provided in the confiscation regimes within criminal proceedings. The paper contributes to the discussion that is relevant to any European state that considers enacting or amending the civil confiscation legal framework or the legal regulation on recognising and executing crime proceeds confiscation orders. The paper elaborates on the approach that could enhance cooperation among European states in the prevention of organised crime.
Journal Article