IN REM LAWSUIT IN THE LEGAL SYSTEM OF RA

Abstract

The confiscation of property of illicit origin recently implemented in the domestic legal system is a special form of in rem action. Applied with respect for fundamental rights and legal guarantees it could become an irreplaceable tool for confiscating assets acquired as a result of criminal activity. Combining domestic regulations with the study of models used in the international practice of Non-Conviction Based Asset Forfeiture, several issues have been raised. The article discusses the peculiarities of in rem action and its difference from the classic in rem action. It is proposed to regulate the confiscation of property of illicit origin as a differentiated form of civil litigation, taking into account the specifics of the procedural form of the proceedings, which will contribute to the establishment of this institution and the formation of the unified practice of law enforcement.