scholarly journals Cryptoassets as Contemporary Threats to the Economic Security of the Country

2021 ◽  
Vol 58 (2) ◽  
pp. 164-178
Author(s):  
Jacek Charatynowicz
Keyword(s):  
Money Laundering ◽  
Legal Status ◽  
Economic Security ◽  
The State ◽  
Point Of View ◽  
Financial Supervision ◽  
Theoretical Research ◽  
Legal Regulations ◽  
Remedial Actions ◽  
Financing Of Terrorism

Aim: The aim of this article is to present the conclusions of a research conducted in the area of identifying threats to the economic interests of the state related to the trading of cryptoassets, as well as the presentation of legal solutions functioning in the cryptoasset environment and possible remedial actions to be taken by the state authorities competent in this regard. Introduction: Due to the technological features, undefined legal status, regulatory and organizational risks of this instrument, the threats related to the trading of cryptoassets are one of the most important current threats from the point of view of the economic security of the country. They are identified both by domestic and foreign financial market supervision authorities, tax and law enforcement authorities, and those dealing with counteracting money laundering and the financing of the terrorists. The article presents the identified risk areas, legal regulations in the field of trading in these assets, and regulatory perspectives. An attempt was also made to describe the actions necessary to be taken to mitigate the threats. Methodology: In this work, theoretical research was used, such as: analysis of literature, on legal and strategic studies as well as industry literature, synthesis, generalization and inference. In addition, analysis was carried out of the legal acts related to the regulation of the market of cryptoassets, international strategic documents describing this market and the Polish financial supervision. Draft legal acts of a legislative nature were also presented. Conclusions: The market of cryptoassets is subject to constant legal, organizational and institutional transformations. Its socio-economic environment is also changing. Due to the characteristics of cryptoassets, their dispersed and unregulated nature, institutions of this market, both entities participat - ing in transaction brokerage, as well as natural persons, can be used for money laundering, concealing property from various forms of crime. However, the identified vulnerabilities do not pose a significant threat to the economic security of the country – they are of a sectoral nature. The relevant state institutions undertake specific activities in order to counteract threats, both of a legal, institutional and organizational nature. Keywords: cryptoassets, threats to economic security, legal regulations in the area of cryptoassets, counteracting money laundering and financing of terrorism, mitigation of threats related to cryptoassets Type of article: review article

scholarly journals Threats of banks participation in the criminal proceeds legalization in the field of environmental protection

2021 ◽  
Vol 258 ◽  
pp. 05005
Author(s):  
Kirill Ameleshin ◽  
Gennadiy Pryakhin
Keyword(s):  
Environmental Protection ◽  
Money Laundering ◽  
Positive Impact ◽  
Economic Security ◽  
The State ◽  
Financial Condition ◽  
Mass Outflow ◽  
Financing Of Terrorism ◽  
Credit Institutions

Every year, dozens of banks are revoked in Russia, and the main reason for revoking the license is the violation of legislation in the field of countering the legalization of proceeds from crime and the financing of terrorism (hereinafter referred to as AML/CFT). In this regard, it is increasingly important to identify banks that have an unstable financial condition, are potentially aimed at withdrawing funds, and are involved in dubious transactions aimed at legalizing criminal funds. This article is aimed at showing what tools the participants of the monetary sphere can use to analyze credit institutions for participation in dubious transactions with the purpose of money laundering. The results of this work will be a comparison of the current little-known and not widely used coefficients with the author's indicator, which should show the bank's ability to operate effectively during the period of mass outflow of funds. Based on the results of applying these coefficients, you can make sure that the bank is reliable and that your own savings are safe, all of which has a positive impact on the economic security of the state.

OPICAL ISSUES OF THE FATF’s INTERNATIONAL LEGAL STATUS

2020 ◽  
pp. 144-153
Author(s):  
Denis A. Alexander ◽  
Keyword(s):  
International Law ◽  
Money Laundering ◽  
International Organizations ◽  
Legal Status ◽  
Task Force ◽  
Point Of View ◽  
International Treaties ◽  
Intergovernmental Organization ◽  
The Law ◽  
Financing Of Terrorism

Anti-money laundering and combating the financing of terrorism (AML/CFT) is a complex area in which many state authorities of the countries of the world are involved, as well as numerous international organizations and institutions. One of these international institutions is the Financial Action Task Force on Money Laundering (FATF), the main organization in this area. There are many disputes among the scientific community and practitioners regarding its legal status. It is not an international (intergovernmental) organization under international law. But is it worth it to acquire such a status and what are the consequences of its acceptance / non-acceptance? This article will analyze in detail the legal status of the FATF from the point of view of international law (the law of international organizations, the law of international treaties, the law of international customs), as well as study other issues directly related to it, which may affect the international community's decision to change its status, for example the fact of possible politicization of the FATF due to its informal status.

PROPERTY SECURITY IN FIGHTING AND COUNTERACTING ECONOMIC CRIMES

2021 ◽  
Vol 140 (4) ◽  
pp. 100-115
Author(s):  
LESZEK DOMAGALSKI
Keyword(s):  
Money Laundering ◽  
Economic Security ◽  
The State ◽  
Financial Information ◽  
Penal Code ◽  
Legal Regulations ◽  
Asset Recovery ◽  
Recovery System ◽  
Processing Information ◽  
Economic Crimes

The article presents the function of property security in fighting against economic, organised and fi scal crimes. Attention is paid to the services and authorities forming the three pillars of the asset recovery system, the unit responsible, among others for collecting and processing information about assets constituting benefits from illegal or undisclosed sources included in the structures of the General Police Headquarters, the Prosecution Service and the General Inspector of Financial Information. The changes introduced by the Act of 23 March 2017 amending the Act – Penal Code relate to so-called extended confiscation. The essence of the new legal regulations and the importance of extended confiscation based on legal presumptions have been presented. The Act of March 1, 2018 on counteracting money laundering and fi nancing terrorism and its importance for the recovery of property and preventing crimes detrimental to the economic security of the state has also been interpreted.

scholarly journals Use of financial monitoring in the investigation of crimes in the economic sphere

2020 ◽  
pp. 386-389
Author(s):  
Tetiana Chasova
Keyword(s):  
Money Laundering ◽  
Service Providers ◽  
Financial System ◽  
Economic Security ◽  
The State ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Terrorist Financing ◽  
Financial Monitoring ◽  
Economic Crimes

The scientific article analyzes the conduct of financial monitoring during the investigation of economic crimes. The position ofscientists on the definition of financial monitoring and its role in the formation of economic security of the state is studied. The mainstatements of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financingof Terrorism and Proliferation of Weapons of Mass Destruction” on financial monitoring and standards of the Group for Developmentof Financial Measures to Combat Money Laundering and Terrorist Financing (FAT) and European Union Directive 2015/849 “On theprevention of the use of the financial system for the purpose of money laundering and terrorist financing”.Ensuring the economic security of the state is possible provided that the fight against legalization (laundering) of proceeds fromcrime. Economic crimes undermine the economic and financial system of the state, encroach on the legitimate interests of individuals.Financial monitoring is a form of financial control and its conduct as part of a criminal investigation and is a means of proof.The problem of legalization (laundering) of proceeds from crime in recent years has become particularly important because itthreatens the economic security of the country. That is why the state implements measures of enhanced control in this matter throughlegal regulation of financial monitoring. The purpose of criminal proceedings is to resolve controversial issues, including the appropriatefinancial monitoring of suspicious activities related to money laundering.The financial monitoring system covers all financial service providers and determines that there should be cooperation in resol -ving issues related to the legalization of proceeds from crime. The issue of the use of financial monitoring in criminal proceedings hasbeen studied by researchers and practitioners, but many issues remain unresolved.

scholarly journals Civil-Law Partnership in the System of Counteracting Money Laundering and Terrorism Financing (AML/CFT)

2020 ◽  
Vol 4 (1) ◽  
pp. 167-176
Author(s):  
Kamil Majewski
Keyword(s):  
Money Laundering ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Detailed Characterization ◽  
Legal Subjectivity ◽  
Terrorism Financing

This article addresses the problems of legal status of the so-called civil-law partnership, as specified in Art. 860 § 1 of the Polish Civil Code, from the point of view of performing the obligations in the area of counteracting money laundering and terrorism financing. First, the author provides a detailed characterization of this civil law institution and resolves that the civil-law partnership does not have legal subjectivity separate from its partners, and then points to the consequences of the above facts in the area of counteracting money laundering and terrorism financing. In conclusion, the author formulates a general conclusion that the obligations in respect of counteracting money laundering and terrorism financing, including financial safeguards, should be applied to the civil-law partnership partners, as customers in the understanding of Art. 2(2) item 10 of the Polish AML Act.

scholarly journals Pipe rolling plants as a target of economic security in Russia during the COVID-19 pandemic

2021 ◽  
Vol 17 (1) ◽  
pp. 126-149
Author(s):  
Tat'yana D. MALYUTINA
Keyword(s):  
Economic Security ◽  
The State ◽  
Theoretical Research ◽  
Tube Rolling ◽  
Pipe Rolling ◽  
Rolling Industry ◽  
Labor Resources ◽  
Favorable Conditions ◽  
The Impact

Subject. The article is an attempt to evaluate how the COVID-19 pandemic influences the economic development in Russia, illustrating the case of the tube rolling industry. Objectives. I examine and evaluate how adverse crisis implications of the COVID-19 pandemic could possibly be eliminated in the tube rolling industry, ensuring the economic security of Russia. Methods. The study involves methods of empirical and theoretical research, such as systems and empirical analysis, formal characterization, abstraction, observation, generalization, assessment, and partial methods of economic and statistical analysis. Results. I generally describe the economic situation during the COVID-19 pandemic, evaluate the impact of ties between the oil and tube rolling industries on the economic sovereignty and security of Russia, role of the tube rolling industry in the economic security of the State. I analyzed the impact of the COVID-19 pandemic on the goods circulation in the tube rolling industry and found probable implications of economic destruction for Russia due to the COVID-19 pandemic, and proposed possible solutions for the tube rolling industry. Conclusions and Relevance. The economic security of the tube rolling industry during the current pandemic is exposed to the destruction of foreign trade between countries exporting tube rolling products, price drop and a reduction in the consumption of energy resources worldwide, capital flight, a decrease in labor resources, slowing business activity and restricted transportation tube rolling products, growing uncertainty on the consumption of tube rolling products. The menacing threats can be eliminated given the State intervenes and regulates the Russian tube rolling industry so as to create favorable conditions for the beneficial economic operations.

scholarly journals Affect as a Term of Criminal Law, Psychology, Psychiatry, Physiology

2020 ◽  
Vol 6 (5) ◽  
pp. 374-381
Author(s):  
A. Lazareva ◽  
A. Goncharov ◽  
T. Kvasnikova
Keyword(s):  
Law Enforcement ◽  
Emotional Disturbance ◽  
Criminal Law ◽  
Criminal Behavior ◽  
Emotional State ◽  
The State ◽  
Point Of View ◽  
Theoretical Research

We study such a characteristic of criminal behavior as the emotional state of the guilty person at the time the crime was committed, namely, the state of sudden strong emotional disturbance, which was called “affect” in psychology and psychiatry. Affect is a multidimensional phenomenon that should be considered not only from the criminal law but also from a medical point of view. The analysis and generalization of the attributes of affect are important not only for theoretical research but also for solving issues of law enforcement practice.

Some issues of legal status of authorized bodies in formation of state registers in Ukraine

2021 ◽  
Vol 1 (1) ◽  
pp. 159-166
Author(s):  
Maksym Pryshedko
Keyword(s):  
Organizational Support ◽  
Legal Status ◽  
The State ◽  
Theoretical Research ◽  
Main Function ◽  
State Administration ◽  
The Social ◽  
Basic Approaches ◽  
State Registration ◽  
Law Making

The article represents certain results of the general theoretical research of the peculiarities of the legal status of the bodies of state administration, other state bodies, the commissioners for the formation of state registries and other subjects of the formation and functioning of the state registries; it investigates the basic approaches to the formation of their legal status. The legal status is considered as a complex of marks that determines their place, role and destination in the system of administrative and legal relationship. These marks serve as the elements of the legal status. These elements, above all, comprise their tasks, functions, duties, etc. The legal status of the subjects of the formation and maintenance of each separate state registry is normatively defined. It is proved that the scope and nature of power of the authorized bodies depend on the object of the legal control, the character of the social relationship regulated by the state registry and their importance for the society. The subjects in legal relationships in the sphere of formation and maintenance of the state registries with regard to their place and role in the issue of the legal and organizational support of this process are conditionally divided into two groups according to their legal status. The first group comprises the subjects that don’t directly participate in the formation and functioning of the state registries but definitely have an impact on it. They are the Verkhovna Rada, the President of Ukraine and the Cabinet of Ministers of Ukraine that are authorized with law making powers. The article characterizes the means of implementation of law making powers of the subjects of the first group as their main function in the sphere of the support of formation and functioning of the state registries. The particular attention is paid to the issue of the determination of the place and role of these subjects in legal relationships in the formation of the legal status of the subjects that, according to the requirements of the enactment of the subjects of the first group, determine in their statutory documents the features of formation and maintenance of the corresponding state registries, carry out organizational and legal activities and fulfil other functions of their formation and maintenance. In particular, it is considered the peculiarities of the statutory activity of the holders of state registries, its content and direction. Another group of powers of the subjects directly involved in the formation and maintenance of the state registries is connected with the direct activity of the formation and maintenance of the state registries. In the course of the research it was found who and how determines the powers as an element of the legal status of the holder (disposer) of the state registry, the administrator (technical administrator), the bodies of state registration, maintenance of the state registry and its administration.

Classification of financial monitoring objects: criteria and indicators of suspicion

2021 ◽  
Author(s):  
Maria Perepelytsya
Keyword(s):  
Money Laundering ◽  
Legal Regulation ◽  
Economic Security ◽  
The State ◽  
Criteria And Indicators ◽  
Legal Norms ◽  
Financial Monitoring ◽  
Financial Transactions ◽  
Subjective Rights

Problem setting. The problem of legalization (laundering) of money and other property acquired by criminal means is of great importance for Ukraine, because the criminalization of the economy is the main threat to the economic security of the state. In order to successfully combat this negative phenomenon, it is necessary to constantly develop and improve the processes of identification and analysis of financial transactions that are the objects of financial monitoring. Detection of such transactions requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. The list of criteria and indicators of suspicion of financial transactions is large and sometimes ambiguous in terms of its interpretation and application. This issues is important because it is about the scope of law, the subjective rights of participants in financial transactions, the ownership of such persons in their assets and the level of trust in entities that provide financial and other services. The purpose of the research is to study the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. Analysis of resent researches and publications. The solution of problems of legal regulation of the national system of financial monitoring in Ukraine (procedures, methods, risks, criteria, indicators etc.) was devoted to the works of such scientists as A. P. Gavrilishyn, I. M. Patyuta, B. M. Surkalo, O. E. Kostyuchenko, K. A. Kryvulya, Zh. I. Dovgan, I. G. Biryukova, V. M. Berizko and others. However, the issue of classifying financial monitoring objects according to the criteria and indicators of suspicion is important and necessary, because it is on such indicators that all activities in the field of financial monitoring are based and the results of such activities depend on their establishment. Article’s main body. The list of criteria and indicators of suspicion of financial transactions and their classification as objects of financial monitoring is quite wide. Their classification according to the relevant criteria is necessary and enshrined in law, which is important to prevent their unrestricted spread. At the same time, the subjects of state financial monitoring at their own discretion, but taking into account the main requirements of the legislation in the field of financial monitoring, develop and establish the grounds for classifying a financial transaction as an object of financial monitoring. In turn, the subjects of primary financial monitoring at their own discretion, but taking into account the rules and subjects of state financial monitoring, supplement, expand and improve this list in order, on the one hand, to prevent the legalization (laundering) of proceeds from illegal by and their entry into the financial system of the state and, on the other hand, compliance with the subjective rights of customers – participants in financial transactions. Conclusions. The article examines the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. It is concluded that the identification of transactions that are the objects of financial monitoring requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. Risk criteria by type of client, by geographical basis, by type of service (product), by service supply channel (product) are considered. Differentiated indicators of suspicion of financial transactions into indicators related to the activities or behavior of the client, indicators related to the financial operations of the client and indicators for different types of products (services). It is emphasized that the problem of defining clear and standard types of criteria and indicators of financial transactions is important and relevant in the current relations in the field of financial monitoring between the state and the participants of the respective financial transactions.

scholarly journals Interaction between business and government as a threat to the economic security of the state

2018 ◽  
Vol 170 ◽  
pp. 01031 ◽  
Author(s):  
Marina Vlasova ◽  
Olga Stepchenkova ◽  
Irina Lobanova ◽  
Anastasiia Smirnova
Keyword(s):  
Russian Federation ◽  
Economic Security ◽  
The State ◽  
Point Of View ◽  
State Apparatus ◽  
The Russian Federation ◽  
Further Development

The article considers the costs of interaction between the state and business as a threat to the development of the economy of the Russian Federation from the point of view of economic security ensuring. The authors identified significant obstacles both from the business side and from the state apparatus, which pose a threat to economic security. The study is of interest for the further development of the system for the economic security ensuring of the Russian Federation.

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