Peculiarities of countering legalization of criminal income with the help of virtual assets: legislative regulation and practical implementation

2022 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Mykhailo Dumchikov ◽  
Oleg Reznik ◽  
Olha Bondarenko
Keyword(s):  
Money Laundering ◽  
Financial Control ◽  
Practical Implementation ◽  
Digital Goods ◽  
Content Type ◽  
Scientific Methods ◽  
Virtual Property ◽  
Legislative Regulation ◽  
General Scientific ◽  
Financial Monitoring

Purpose The purpose of this paper is to define and characterize peculiarities of countering the legalization of criminal income with the help of virtual assets. Design/methodology/approach The analysis of the legislative delineation and the realities of the practical implementation of the features of combating the legalization of criminal proceeds with the help of virtual assets in Ukraine was carried out with the help of general scientific methods of cognition. The systematic method helped identify the main ways to legalize criminal proceeds with the help of virtual assets. Using legal techniques, proposals will be formulated to amend draft legislation on legislative regulation of the concept of “virtual assets”. The generalization method was used to develop ways to combat the legalization of criminal proceeds with the help of virtual assets. The method of legal forecasting was used to substantiate the proposed areas of combating money laundering with the help of virtual assets. The method of extrapolation will be used to determine the possibility of implementing foreign experience in domestic practice to combat money laundering with the help of virtual assets. Findings One of the relatively new and increasingly popular ways of money laundering is to commit this act with the help of virtual assets. Methods of money laundering through virtual assets include services for the conversion of virtual assets, P2P exchange, gambling sites, virtual asset mixers and the use of fictitious internet sites selling digital goods. The difficulty of counteracting the legalization of criminal proceeds with the help of virtual assets is primarily due to the lack of legislative regulation of the concept of “virtual assets” in Ukraine. Yes, the draft law is currently being finalized. Besides, even the current edition is not evaluated by the authors as perfect. After all, the issue of the content of the concept of “virtual assets” and its relationship with virtual securities, cryptocurrency and virtual property remains unresolved. Originality/value One of the relatively new and increasingly popular ways of money laundering is to commit this act with the help of virtual assets. Methods of money laundering through virtual assets include services for the conversion of virtual assets, P2P exchange, gambling sites, virtual asset mixers and the use of fictitious internet sites selling digital goods. It is essential to intensify financial monitoring by financial control bodies over the activities of conversion service centers. Moreover, given the transnational nature of legalizing criminal proceeds, especially those committed through virtual assets, international cooperation in combating this crime is vital. The authors have proposed specific measures to ensure that a coherent consolidation of efforts can be built.

scholarly journals Information modeling of processes of reflexive management of herd behavior at enterprises

2019 ◽  
Keyword(s):  
System Analysis ◽  
Information Model ◽  
Information Modeling ◽  
Practical Implementation ◽  
Herd Behavior ◽  
Conceptual Information ◽  
Scientific Methods ◽  
Modeling Methodology ◽  
Information Models ◽  
General Scientific

The relevance of the practical implementation of the concept of modeling processes of reflexive management of herd behavior at enterprises, which is reduced to the construction of a conceptual information model, is substantiated. The subject of this research is the toolkit of information modeling of the processes of reflexive management of herd behavior at enterprises. The goal of the article is information modeling of the processes of reflexive management of herd behavior at enterprises. Objective: the construction of an information model of the mechanisms of reflexive management of herd behavior in enterprises in the context of the interrelated functions performed by the system in question and the relationship between data, where, among others, information communications are reflected. General scientific methods are used: system analysis – to determine the features of the mechanism of reflexive management of herd behavior at enterprises, structural (functional) analysis – to identify the main functions of the modeling system of processes of reflexive management of herd behavior at enterprises, information modeling methodology SADT (IDEF0 notation) – to develop information models of a system for modeling the processes of reflexive management of herd behavior at enterprises. The results are obtained: an information IDEF0 model of a system for modeling the processes of reflexive management of herd behavior based on the SADT methodology is developed, which allows you to get a holistic picture of the corresponding processes at enterprises, the basic system concepts of which form the basis of the future information system. Conclusions: formalization, within the framework of the information model of the basic functions of the mechanism of modeling the processes of reflexive management of herd behavior at the enterprise, allows us to describe the basic information connections in a logical, convenient and consistent form, present implementation mechanisms, a set of mathematical models and approaches of the corresponding system.

scholarly journals Prevention of Harm to Children’s Health and Development by Information Distributed During Paid Quest Entertainment

Legal Concept ◽  
2020 ◽  
pp. 97-102
Author(s):  
Evgeniya Serbina
Keyword(s):  
Law Enforcement ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Method ◽  
Innovative Management ◽  
Health And Development ◽  
General Scientific ◽  
Age Limits ◽  
The Innovative Management ◽  
High Degree

Introduction: the present study shows a high degree of significance of the factor of information and psychological security of minors participating in quests, which is currently at a low level. The purpose of the study is to identify the main guidelines for improving the legal implementation in the field of the quest industry in terms of evolution of the law enforcement in the context of introducing the innovative management technologies. Methods: the methodological framework for the research is presented as general scientific methods, including dialectical, inductive, deductive, analytical, statistical methods, interviewing and questioning, as well as specific scientific methods, such as the formal legal method, the method of legal interpretation, the principle of evaluating legal processes, etc. Results: the paper considers the initiatives of the National Quest Association (NQA) on the criteria for setting the age limits for quests. The problems of practical implementation of restricting access of minors to information dangerous for their mental health and development are noted. Conclusions: it is proved that there is a need to strengthen the external industry control in the field of protecting children from information that harms their health and development, as well as to improve the administrative legislation in this area.

scholarly journals The state and municipal financial control system and innovations in the Russian Federation

2021 ◽  
Vol 9 (1) ◽  
pp. 31-35
Author(s):  
Olga Grabova ◽  
Aleksandr Suglobov ◽  
Anton Grabov
Keyword(s):  
Russian Federation ◽  
Internal State ◽  
Financial Control ◽  
Scientific Methods ◽  
General Scientific ◽  
The Subject ◽  
The Russian Federation ◽  
Legislative Support ◽  
Imperative Subject ◽  
Theoretical Foundations

The subject under research of this article is the control and revision (audit) activities institutions in the budgetary sphere in modern conditions. The purpose of the research is to present the system and innovations structuring in the imperative subject-object sphere of control and revision (audit) sphere, as the main aspect of state and municipal organizations management. Research methods: general scientific methods, systemic and institutional analysis. This article summarizes the control and revision (audit) activities theoretical foundations; systematizes the modern institutional internal and external state structure and municipal financial control of the Russian Federation as well as innovations of internal state and municipal financial control, relatively to the legislative support.

Financial control over the performance of State-financed institutions: The institutional approach

2021 ◽  
Vol 22 (5) ◽  
pp. 592-604
Author(s):  
Galina Yu. STUKALOVA
Keyword(s):  
Systems Approach ◽  
Financial Control ◽  
Financial Flows ◽  
Scientific Methods ◽  
Budgetary Control ◽  
General Scientific ◽  
Governmental Functions ◽  
The Government ◽  
And Control

Subject. The article discusses the role of the controlling function of governance as part of the evaluation of State-financed institutions' performance. Objectives. The study substantiates institutional aspects of the concept Control with reference to State-financed institutions and the specifics of their finance. I also carry out the theoretical examination of the need in controlling their performance. Methods. The study involves general scientific methods. Drawing on the systems approach and logical generalization, I sorted prevailing views on the analyzable categories. The abstraction was applied to summarize the main conclusions. Results. Scholars still interpret financial control differently. Furthermore, regulatory documents, which are adopted by both the legislature and the government, are not consistent with the existing views on financial control. Some interim types of financial control may possibly be something else, which shall be further studied. In my opinion, any activities associated with financial flows shall be qualified as financial. Therefore, the respective control is financial. governmental budgetary control is subdivided into control over budgetary and extrabudgetary finance due the specifics of budgetary institutions' finance. As the performance of State-financed institutions is evaluated in terms of the efficiency of budgetary spending on governmental functions, control should pursue the evaluation of State-financed institutions' performance by source of finance. Conclusions and Relevance. Governmental financial control includes several interim types, including budgetary and extrabudgetary activities. The performance of State-financed institutions shall be monitored by the two aspects so as to evaluate whether budgetary funds are efficiently spent on governmental functions. The findings are designated for unfolding theoretical views on the control over State-financed institutions' performance as a crucial tool for administration. The findings can be used for scientific and practical purposes in accounting and control.

scholarly journals On the Application of Information Audit for the State Public Audit

2021 ◽  
Vol 11 (3) ◽  
pp. 36-46
Author(s):  
Ye. A. Chegrinets
Keyword(s):  
Public Management ◽  
Legal Status ◽  
Financial Control ◽  
Scientific Methods ◽  
The Public ◽  
Public Resources ◽  
General Scientific ◽  
Analytical Research ◽  
Basic Approaches ◽  
Definition Of

The paper analyzes methodological approaches to the implementation of information audit by public audit institutions. The aim of the research is to analyze instruments of the traditional information audit developed as a part of information management theory and to make propositions on its basis on the creation of methodology of information audit as a form of public audit. It is based on general scientific methods, including comparative analyzes. The article substantiates the necessity for public audit institutions to conduct information audit due to the key value of information and information resources for the legality and efficiency of the public resources' management. The authors analyze basic approaches to the definition of the traditional information audit and its instruments. Based on this the authors made a conclusion that such general approach could be used for the purposes of public audit with necessary amendments due to specific aims of this type of public financial control, legal status of public audit institutions and position of auditees in the public management system. The study defines basic stages of the information audit conducted by public audit institutions and unique characteristics of its aims due to their interrelations with the tasks of audits and analytical research performed by such bodies. The paper also proposes basic instruments for the data collection as well as a general approach to interaction between auditors conducting information audit, auditees and other stakeholders.The practical results of the research are relevant for the introduction of information audit instruments into the practice of public audit institutions and for the development of applicable methodological documents.

scholarly journals Civil Law Aspects of Bankruptsy of Debtor’s Property

Legal Concept ◽  
2019 ◽  
pp. 119-125
Author(s):  
Irina Petukhova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Point Of View ◽  
Legal Capacity ◽  
Property A ◽  
Legal Entity ◽  
Scientific Methods ◽  
Legislative Regulation ◽  
General Scientific ◽  
Theory Of Constraint

Introduction: the amount of satisfied creditors’ claims in completed debtor insolvency cases raises concerns and necessitates a change in the approaches used in bankruptcy proceedings. In this connection, the author aims to study the civil law problems relating to the disposal of the debtor’s property – a legal entity in bankruptcy. The research will use such general scientific methods of cognition as synthesis and analysis, as well as such specific scientific methods of cognition as systemic and formal legal ones. Results: analyzing the legal theories, law enforcement practice and the current bankruptcy legislation, the author identified the problematic issues arising from the bankruptcy of the debtor’s property in bankruptcy procedures. Conclusions: adhering to the point of view that the theory of constraint of legal capacity (capability) of the debtor is fundamental in the legislative regulation of bankruptcy relations, the author identified the problematic aspects in determining the time of commencement of such constraint, the debtor’s property assets to be disposed of in bankruptcy proceedings.

scholarly journals Russian experience of using digital technologies and legal risks of AI

2020 ◽  
Vol 224 ◽  
pp. 03005
Author(s):  
Elena Trikoz ◽  
Elena Gulyaeva ◽  
Konstantin Belyaev
Keyword(s):  
Personal Data ◽  
Digital Technologies ◽  
Legal Regulation ◽  
International Standards ◽  
Practical Implementation ◽  
Scientific Methods ◽  
Legal Provisions ◽  
Legal Risks ◽  
Analysis And Synthesis ◽  
General Scientific

The aim of the present article is to analyze the Russian experience of using digital technologies in law and legal risks of artificial intelligence (AI). The result of the present research is the author’s conclusion on the necessity of the practical implementation of legal provisions in this area, and their judicial enforcement in federal subjects with the aim of compliance with international standards of human rights. The authors concluded that in the Russian Federation, there is no normative and technical regulation of the process of destruction of personal data, which creates serious problems for operators. The research methodology based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods). Moreover, the range of legislative and law enforcement problems in the field of using AI technology is very extensive. For this reason, the authors of the article used the methodology for collecting data on legislative acts and legal regulation in the field under research. A number of federal and regional legal acts were analyzed using systemic-structural and formal-dogmatic methods, including the research of their practical orientation and effectiveness for modern challenges.

scholarly journals Debatable Issues of Law Enforcement Practice on Reducing the Penalty by the Court in Accordance with Article 333 of the Civil Code of the Russian Federation

2021 ◽  
Vol 2021 (3) ◽  
pp. 244-250
Author(s):  
Ekaterina Abakumova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Code ◽  
Practical Implementation ◽  
Scientific Methods ◽  
System Method ◽  
Analysis And Synthesis ◽  
General Scientific ◽  
The Russian Federation ◽  
Legal Understanding

This study is an attempt to draw a theoretical and legal understanding of law enforcement practice to reduce the penalty in court. The research was based on the comparative legal, statistical, historical, and general scientific methods of cognition (system method, analysis and synthesis, logic, etc.). The author analyzed doctrinal ideas regarding the legal nature of penalty. The study revealed controversial conceptual and theoretical issues related to this legal institution that are of fundamental importance for its practical implementation. A retrospective analysis of the law enforcement practice under Article 333 of the Civil Code of the Russian Federation demonstrated a need for a wider recognition of the penalty function, not only in civil law, but also in tax relations.

scholarly journals METHODICAL FUNDAMENTALS OF ANALYSIS OF FINANCIAL OPERATIONS OF ILLEGAL INCOME LAUNDERING

2021 ◽  
Vol 12 (2) ◽  
pp. 160-167
Author(s):  
Iryna Moіseіenko ◽  
◽  
Iryna Koziy ◽  
Keyword(s):  
Money Laundering ◽  
Financial Control ◽  
Structural Dynamic ◽  
Financial Reports ◽  
Financial Flows ◽  
Legal Norms ◽  
Financial Monitoring ◽  
High Level ◽  
Financial Transactions ◽  
Practical Recommendations

Due to the high level of corruption, insufficient financial control and monitoring of money laundering operations in Ukraine, the financial system has become a very attractive target for illegal financial activities and illegal financial flows. This determines the relevance of the research in the field of financial investigations, the peculiarities of their organization in the field of financial monitoring. The purpose of the study is to determine the theoretical and methodological foundations of financial investigations to develop practical recommendations for improving the organization of financial investigations of dubious financial transactions. Methods: A normative method of comparative, structural-dynamic analysis of financial transactions monitoring data is used in the study as the method of analysis of financial transactions of money laundering. Results: The indicators of SPFM reports on financial transactions for 2015-2019, a number of financial reports on the risks of money laundering, and data on financial transactions in terms of signs of financial monitoring for 2014-2018 were analyzed. Conclusions. The methodological recommendations concern the organization of financial investigations in accordance with the updated legal norms in the field of financial monitoring of dubious financial transactions. The choice of research methods, the use of practical material on the organization of financial investigations in the field of financial monitoring, recommendations for improving the methodological support of financial investigations are positive aspects of the research.

Claims for damage to a public-law entity within the implementation of internal State (municipal) financial control: Theory and practice

2021 ◽  
Vol 27 (3) ◽  
pp. 611-626
Author(s):  
German N. SKLYAROV
Keyword(s):  
Russian Federation ◽  
Internal State ◽  
Public Law ◽  
Point Of View ◽  
Theory And Practice ◽  
Financial Control ◽  
Control Activity ◽  
Scientific Methods ◽  
General Scientific ◽  
The Russian Federation

Subject. The article analyzes legal mechanisms provided for by the current legislation to implement the measures of financial control bodies in case of revealing damages caused to a public-law entity. Objectives. The purpose is to identify problems to compensate for damage a public-law entity at the stage of implementing the results of control activity, and to find solutions. The solutions will enable to unify the activities of State (municipal) financial bodies, which will increase the effectiveness of the control. Methods. The study employes general scientific methods, like analysis, synthesis, induction and deduction, as well as formal logical and comparative law methods. Results. In the practice of financial control bodies, there are different approaches to determine damages to public-law entities. The same financial violations are treated by different financial control authorities through different legal mechanisms. The lack of common terminology and methodology is a problem that affects the performance of control bodies. Conclusions. It is necessary to classify financial violations from the point of view of their qualification and economic impact. The concept of damage should be disclosed in laws and regulations of the Ministry of Finance of the Russian Federation, or directly in the Budget Code of the Russian Federation, and formalized in methodological recommendations for calculating the amount of damage caused to public-law entities.

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