THE INSTITUTE OF UNFOUNDED ASSETS IN THE SYSTEM OF ANTI-CORRUPTION AND CIVIL LEGISLATION OF UKRAINE: PROBLEMS OF CONSTITUTIONAL COMPATIBILITY AND APPLICATION PRACTICE

Abstract

The article provides a comprehensive scientific study of the institution of recognizing assets as unjustified and their recovery to state revenue within the context of the development of anti-corruption and civil legislation of Ukraine. The key theoretical and legal aspects, legal nature, and specific features of its functioning are раскрыті, and its potential impact on civil judicial practice is outlined. This institution is considered as an alternative mechanism for the state’s response to corruption offenses outside criminal justice, which necessitates its assessment in terms of effectiveness, legal certainty, and compliance with constitutional principles. The study emphasizes the existence of significant shortcomings and conflicts in the regulatory framework governing this institution. In particular, its inconsistency with the objectives of civil proceedings, which are to ensure a fair, impartial, and timely consideration of cases for the effective protection of violated or disputed rights and interests, is analyzed. It is substantiated that the basis for a claim to recognize assets as unjustified is not the classical fact of violation of state interests, as the relevant legal relations do not correspond to either delictual or non-delictual nature. The existence of a specific public interest aimed at establishing effective preventive anti-corruption mechanisms and preventing conflicts of interest is proven. Judicial protection of this interest is linked to establishing the fact of acquisition of assets in violation of anti-corruption legislation. The constitutional compatibility of this institution is analyzed through the prism of guarantees of the right to private property, and the risks of violating constitutional standards as well as the need to ensure a balance between public interest and individual rights are identified.