Todor Kolarov and Yulian Razpopov
The legal instruments for freezing and forfeiture of illegally acquired assets from third parties are of prime importance for the success of asset recovery. It is established that criminals tend to transfer illegally gained wealth to third parties – legal entities and individuals – to put it off the reach of state authorities tasked to curb illicit enrichment and enrichment from criminal activities. Considering the above, international and EU standards have been established to curb this practice. They account for the need to forfeit illegal gains while protecting the rights of bona fide third parties. The article strives to present those standards and their essentials, including the recently adopted Directive 2014/42/ЕU on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union. It also highlights the specifics of the post-2005 Bulgarian legislation on the subject matter and its practical application in a recent hallmark case.
Линк към цялата статия на български език: МЕЖДУНАРОДНИТЕ И ЕВРОПЕЙСКИ СТАНДАРТИ ПРИ ОБЕЗЕПЧАВАНЕТО И ОТНЕМАНЕТО НА НЕЗАКОННО ПРИДОБИТО ИМУЩЕСТВО ОТ ТРЕТИ ЛИЦА И ПРИЛОЖЕНИЕТО ИМ В БЪЛГАРИЯ