Features of prosecutors' participation in the court examination of their statements on forfeiture to the Russian Federation of property as a means to stop and prevent corruption

The aim of this work is to determine the features of the preparation of such statements by the Prosecutor to the court, to adopt a unified approach in the formulation of the requirements, to establish the circle of persons involved in the case and the peculiarities of proceedings in cases of this kind. The subject of the work is corruption. It is a major problem of modern society. Corruption in the system of state (municipal) services is the most dangerous. To prevent corruption, officials are entrusted with serious responsibilities and limitations in connection with their official position. In the framework of corruption prevention, officials, their spouses and minor children provide information about their income and expenses. If incompleteness, inaccuracy of information about the income or expenses of an official are identified, inspections are held to verify information. Further, the income, expenses, property-related obligations and transactions of officials are monitored, and measures are taken in case of violations of law requirements. Wrongfully obtained property of officials, members of their family is subject to forfeiture to the state. The law assigns the right to appeal to the court of such a request to the General Prosecutor of the Russian Federation and subordinate prosecutors. The results of the work are the following. The normative acts, departmental acts and acts of courts of different regions of Russia for the specified category have been studied. The list of documents attached to the statement to the court is determined by Order 179 of the General Prosecutor of the Russian Federation. The law imposes the burden of the proof of legality of acquisition of property on an official. In this regard, the Prosecutor involved in the case must carefully examine the evidence, request the application of interim measures, if necessary, initiate an examination of the documents, acquire information about the origin of assets and funds for its acquisition. An obligatory participant in the process is the Federal Agency for State Property Management. It is established that at the stage of execution of the decision there may be problems associated with the loss of the seized property. The solution of the problem is contributed to by the rules of law about the possibility to change the method of the decision execution and to recover the cost of the property. Such rules are being developed by the General Prosecutor of the Russian Federation. The author concludes that features of cases of this kind lie in the distribution of responsibilities for proving, the need to carefully check information about the income and expenses of officials (members of their family). There are problems associated with the lack of completeness of the legal regulation of the enforcement of court decisions. The claims of prosecutors on forfeiture to the Russian Federation of property of persons who committed corruption offences are not the only means to restrain and eliminate corruption offenses, but also a serious measure to prevent similar violations by other officials.

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