posed as an auxiliary penal sanction on the basis of Articles 52 and 275 of the Criminal Code, read in conjunction with Article 86 § 4 of the RSFSR Code of Criminal Procedure (see paragraphs 33, 34 and 35 above). The interference at issue may therefore be regarded as "lawful".
58. The Court considers that the confiscation measures in criminal proceedings pursue a general interest of the community because the forfeiture of money or assets obtained through illegal activities or paid for with the proceeds from crime is a necessary and effective means of combating criminal activities (see Raimondo v. Italy, judgment of 22 February 1994, Series A No. 281-A, p. 17, § 30). Such confiscation measures are in keeping with the goals of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, which requires State Parties to introduce confiscation of instrumentalities and proceeds from crime in respect of serious offences (Article 3 § 3). Thus, the making of a confiscation order in respect of criminally acquired property operates in the general interest as a deterrent to those considering engaging in criminal activities and also guarantees that crime does not pay (compare Phillips v. the United Kingdom, No. 41087/98, § 52, ECHR 2001-VII, and Dassa Foundation and Others v. Liechtenstein (dec.), No. 696/05, 10 July 2007).
59. The Court further reiterates that, although the second paragraph of Article 1 of Protocol No. 1 contains no explicit procedural requirements, it has been its constant requirement that the domestic proceedings afford the aggrieved individual a reasonable opportunity of putting his or her case to the responsible authorities for the purpose of effectively challenging the measures interfering with the rights guaranteed by this provision. In ascertaining whether this condition has been satisfied, a comprehensive view must be taken of the applicable procedures (see Jokela v. Finland, No. 28856/95, § 45, ECHR 2002-IV, and AGOSI v. the United Kingdom, judgment of 24 October 1986, Series A No. 108, § 55).
60. In the instant case the seizure and subsequent confiscation were ordered and carried out in the framework of criminal proceedings against Mr Moiseyev. The applicants were not party to those proceedings and had no standing to lodge requests or make any submissions in them. When issuing the confiscation order, the sentencing court did not examine whether any property objects affected by the seizure order could have belonged to the first and/or second applicant. The first applicant made representation to the appeal court for removal of her spousal portion and the garage from the confiscation order but she did not receive any reply or an opportunity to take part in the appeal proceedings (see paragraph 15 above). The Khoroshevskiy District Court's judgment of 27 February 2003 indicated that the first applicant had had an opportunity to appeal against the criminal judgment in the part concerning the contested property, but it did not refer to any legal provisions which would have allowed a person who had no standing in criminal proceedings to lodge such an appeal. The Government, for their part, did not indicate any provisions of the Russian law that would have enabled the spouse or daughter of the convicted person to make submissions to the trial or appeal court.
61. In a situation where the ownership of property subject to a confiscation order was contested by persons who were not parties to the criminal proceedings, Article 442 of the Code of Civil Procedure allowed such persons to vindicate their property rights in civil proceedings. The applicants availed themselves of that remedy by introducing two civil claims, firstly against the bailiffs' service and the Federal Security Service, the latter having been the prosecuting authority in Mr Moiseyev's case, and subsequently against the Federal Property Fund. In examining
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