Russia's Supreme Court has clarified that courts must order the confiscation of property whenever the legal grounds for doing so are established. The guidance appears in Judicial Practice Review No. 16/2026, approved on October 14 and published on October 16.
The document concerns the application of Chapter 15.1 of Russia's Criminal Code, which governs the seizure of property connected with criminal offenses.
The Supreme Court emphasized that confiscation is mandatory when the conditions established by law are met. At the same time, confiscation is not classified as a separate criminal punishment.
The review addresses cases involving property obtained through criminal activity, used to commit offenses or intended to finance unlawful activities.
The court also clarified procedures for recovering money or other assets when the property subject to confiscation cannot be seized directly.
According to the Judicial Department of the Supreme Court, the use of confiscation in criminal cases has almost doubled since 2023.
In 2025, Russian courts ordered the confiscation of more than 26 billion rubles in monetary assets. The figure exceeded 17 billion rubles in the first half of 2026 alone.
The Supreme Court noted that some lower courts make mistakes when determining the grounds for confiscation and deciding whether a monetary amount may be recovered in place of particular property.
Failure to order the confiscation of property that must be seized under the law was described by the Supreme Court as a substantial violation that may lead to a review of the relevant part of a judgment.
The new review does not introduce additional grounds for confiscation or amend the Criminal Code. Its purpose is to ensure consistent application of existing legal provisions.