On the Legal Foundations for Converting Property Acquired by a Public Servant in Violation of the Prohibition on Engaging in Entrepreneurial Activity into State Property

This article examines the legal mechanism of seizure of property, acquired by public servants (or their family members) despite prohibitions stipulated in anti-corruption legislation. It examines a wide-spread basis for prosecutors to file anti-corruption lawsuits: the unlawful combination of official duties with entrepreneurial activity. Moreover, the prosecutor often bases such lawsuits on the general provision of the Civil Code on anti-social transactionsinstead of the specific regulation first introduced in 2012. The author critically analyzes this practice through the lens of the legal positions of the Constitutional Court of the Russian Federation regarding the temporal validity of the law as well asthe legal nature of anti-corruption lawsuits.