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К вопросу о совершенствовании механизма обращения в доход государства имущества, нажитого коррупционным путем, по иску прокурора
Law enforcement practice has created, in fact, two parallel mechanisms for filing an anti-corruption lawsuit: on the basis of the Federal Law "On control over the compliance of expenses of persons holding Public Positions and Other Persons with their incomes" and on the basis of subparagraph 8 of paragraph 2 of Article 235 of the Civil Code of the Russian Federation, which gave rise to controversial issues of a substantive nature. The following ways are proposed to improve this mechanism: to supplement the circle of persons from whom property may be seized by other persons "recognized in accordance with family law as family members of the person being checked" or "actually having (had) a family relationship with the person being checked"; expansion of the list of objects that may be subject to seizure by including in the form of a certificate of income, expenses, property and property obligations sections "Luxury goods, jewelry", "Cash", "Information on property and funds received through gratuitous transactions" (in the amount of over one hundred thousand rubles), "Urgent financial obligations" (indicating the need to report on any transactions made in order to increase financial condition (loans, credits, etc.) in an amount not exceeding 10% of income, received by a public official and his family members during the reporting period; setting time limits for the seizure of property acquired during the period when the person held a public service position, but not earlier than three years before the obligation to report on the expenses of a public official (his family members) came into force.