Comment to Article 254. Confiscation of the Civil Code of the Republic of Kazakhstan
Confiscation is the compulsory gratuitous seizure of property by the State from the owner as a sanction for committing a crime or other offense. Confiscation is allowed only in cases provided for by legislative acts, and is carried out on the basis of a court verdict in a criminal case, a court decision on a civil or administrative offense. Thus, the guarantee of the owner's rights is the prevention of administrative confiscation of property.
Confiscation of all or part of the convicted person's property is applied by the criminal court as an additional punishment for state and mercenary crimes only in cases provided for by the Criminal Code of the Republic of Kazakhstan.
As a measure of civil liability, confiscation may be applied by a court as a sanction for an offense in accordance with paragraphs 4 and 5 of art.157 of the Civil Code.
As both the main and additional administrative penalty, confiscation of an object that was an instrument of commission or an indirect object of an administrative offense is applied in accordance with subparagraph 4 of Articles 23, Articles 24 and 28 of the Code of the Kazakh SSR on Administrative Offenses. As one of the types of penalties imposed for violating customs regulations, confiscation of goods and vehicles is applied in accordance with paragraphs 4 and 6 of art.254 of the Decree of the President of the Republic of Kazakhstan, which has the force of Law, "On Customs in the Republic of Kazakhstan."
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The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
