ПРАВОВИЙ ЗМІСТ ПОНЯТТЯ СПЕЦІАЛЬНОЇ КОНФІСКАЦІЇ У КРИМІНАЛЬНОМУ КОДЕКСІ УКРАЇНИ

The article examines the legal content of the concept of special confiscation in the Criminal Code of Ukraine (hereinafter – “the CC of Ukraine”), as well as takes into account the main differences between special confiscation as another measure of criminal law and confiscation of property as a type of punishment in criminal law. The author describes the legal status of property subject to special confiscation and property subject to confiscation as a form of punishment in criminal law, as well as property subject to confiscation under civil law and administrative law. With this in mind, the author highlights the issue of expediency of using the concept of “special confiscation” in the provisions of Articles 96-1, 96-2 of the Criminal Code of Ukraine. The article analyzes the provisions of the Constitution of Ukraine, the Criminal Code of Ukraine, the Civil Code of Ukraine, the Code of Ukraine on Administrative Offenses, the decision of the Constitutional Court of Ukraine No. 1-р/2022 dated 30.06.2022, as well as the provisions of the draft new Criminal Code of Ukraine. The author notes the need to change the legislative approach to the definition of “special confiscation”, including by clarifying the definition and introducing the concept of “seizure” into criminal law, which would fully comply with the principle of legal certainty and provide for the possibility of compulsory alienation of property without establishing mandatory requirements for determining the ownership of this property. Keywords: legal content, special confiscation, legal status of property, confiscation, private property, seizure.