scholarly journals Money Laundering in the Area of the State Defense Order

2018 ◽  
Vol 3 (2) ◽  
pp. 334
Author(s):  
Kravchenko E.

The choice of the topic is based on the urgency of the problem, since the second position in the structure of the budget expenditures of the Russian Federation in 2016 is occupied by the item "National Defense" 3 091.0 billion rubles (19.2%). Responsible monitoring of compliance with the law in the implementation of state defense orders is really a significant issue. This article describes the basic principles of the operation of all the processes connected with the movement and control of money in relation to SDO. Also schemes of illegal money laundering and withdrawal of funds within the limits of current legislation are presented. Changing of some restrictions in the framework of the federal law, dated 29.12.2012 N 275-FZ "On State Defense Order" is proposed basing on the analysis of these schemes.

Author(s):  
Artem V. Rudenko ◽  

The relevance of the article stems from the adoption by the constituent entities of the Russian Federation of rules on administrative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation in situations of conflict with federal law regulations, caused by adoption of the Federal Law No. 82-FZ of 18 April 2018. This contradiction calls into question the conformity of the adopted norms of the laws on administrative liability of the constituent entities of the Russian Federation with the principle of legality, as one of the basic principles of the State’s legal system construction. The purpose of the article is to develop a position on legal conduct in a situation of con-flict with the legal norms of federal legislation in establishing administrative liability by the constituent entities of the Russian Federation. The possibility of establishing administrative liability at the level of the constituent entities of the Russian Federation is enshrined in the Constitution of the Russian Federation and the Code of Administrative Offences of the Russian Federation After the adoption of the Federal Law No 82-FZ of 18 April 2018 «On Amendments to the articles 5 and 5.1 of the Federal Law «On Counteracting Terrorism» legal conflict in the regulation of these powers has arisen. These changes affected not only the regulation of the above-mentioned powers of the constituent entities of the Russian Federation, but also the system of sources of administrative liability, since Code of Administrative Offences of the Russian Federation states: administrative liability source system refers only to the Code and the laws of the constituent entities of the Russian Federation. The article contains an analysis of possible interpretations of the provisions of federal laws on the powers of the constituent entities of the Russian Federation to establish adminis-trative liability for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Federation. Possible interpretations of the term «decisions of an anti-terrorist body» are analyzed from the point of view of the goals and tasks of formation of these bodies, their powers and organizational-steam form. The study concludes that it is necessary to comply with the provisions of the Code of Administrative Offences of the Russian Federation when determining responsibility for failure to implement decisions of the anti-terrorist bodies of the constituent entities of the Russian Federation. It is recommended that the legislatures of the constituent entities of the Russian Federation refrain from adopting such norms. It is recommended that the judicial authorities should take into account the provisions of the Decision of the Plenum of the Supreme Court of the Russian Federation of 24 March 2005 No 5 « On certain issues raised by the courts in the application of the Code of Administrative Offences of the Russian Federation».


2018 ◽  
Vol 3 (2) ◽  
pp. 118 ◽  
Author(s):  
Garaschenko A.A. ◽  
Nasonov E.V. ◽  
Leonov P.Y.

The problem of money-laundering is still valid in the Russian Federation. With the increasing role of the State in the economy, this question becomes particularly significant. Of course, monitoring of the funds movement plays a significant role, in particular, for companies, recipients of budgetary funds, including providers of the State Defense order (GOZ).To date, there is no generally accepted method, which would allow a high degree of probability to identify signs of money laundering.This article first describes how to detect signs of money-laundering on the basis of a comparison of the data of financial statements with bank operations data.Elaborated process was tested on the example of relevant data of thirty businesses complying with orders under the contracts with the Ministry of Defence of the Russian Federation in 2013.On the basis of the obtained results recommendations for the improvement of the elaborated process were formulated and the scope of its possible use was identified. Keywords: money laundering, the process approach, fraud, financial reporting 


2021 ◽  
Vol 4 ◽  
pp. 14-20
Author(s):  
Artem M. Bobrov ◽  

This article reveals the essence of the basic principles of public service, their implementation in the penal system of the Russian Federation. It is noted that the existing variety of definitions of principles entails some uncertainty. Therefore, it is proposed to adhere to a philosophical approach to determining the principles of public service in the penal system. It is noted that the current legislation regulating the status of employees of prisons and the procedure for serving the service does not take into account the specifics of the penal system, since the new provisions aimed at implementing the general principles of public service copy the similar norms of Federal Law of November 30, 2011 №. 342-FL «On Service in the Internal Affairs Bodies of the Russian Federation and Amending Certain Legislative Acts of the Russian Federation». It is concluded that it is necessary to detail the general principles of public service in conjunction with existing standards governing the activities of bodies and institutions of the penal system, the enforcement of criminal sentences, and the detention of defendants.


Author(s):  
I. V. Tsoy ◽  
◽  
P. I. Zaynullina ◽  

The article presents main directions, priorities, and goals of youth policy in Russia and the Republic of Korea. Transitional processes and features of the state youth policy, as well as the key provisions set out in the main legislative acts, have been considered in a comparative aspect. Regarding Russia the authors revised the Federal Law “On Youth Policy in the Russian Federation” of December 31, 2020, and the Order of the Government of the Russian Federation of November 29, 2014, “On the Foundations of State Youth Policy until 2025”. The Republic of Korea is examined with the Basic (November 20, 2020) and Framework (August 5, 2020) Laws of youth and the Sixth Basic Plan for Youth Policy 2018–2022. For the Republic of Korea this is a main document that defines national youth policy in the coming years. The study aims to correlate basic principles and priorities of youth policy in both countries.


2020 ◽  
Vol 11 (2) ◽  
pp. 148-161 ◽  
Author(s):  
O. O. Smirnova

Six years of the implementation of the Federal Law “On Strategic Planning in the Russian Federation” were focused on the development of documents and recommendations for them. This determined the fragmentation of public administration and strategic planning. However, according to the author, the basis of the strategic planning system that meets modern challenges and threats should not be documents, but processes. The introduction of new tools will allow the transition from project management and strategic planning to strategic management in the Russian Federation. Such tools include the introduction of management cycles of strategic planning, resource support for the realization of goals, the organization and implementation of the monitoring and control process, a system of continuous indicative planning and balance sheets.


2020 ◽  
Vol 1 (3) ◽  
pp. 4-10
Author(s):  
V. N. VOLKOV ◽  

The article analyzes achievements in development of the state audit (control) in the Russian Federation, characterizes its legal base formed during the years of post-reform development of Russia, including the norms of the Federal Law “On the Accounts Chamber of the Russian Federation”, its most important innovations. It is concluded that further improvement of legislation in this area must not take place in the direction of significant changes of the Law on the Accounts Chamber, but by eliminating of existing variant readings with other regulatory legal acts. The results of the state audit (control) achieved during the years of reforms in Russia, the level of modern development of the Accounts Chamber and control and accounting bodies of the constituent entities of the Russian Federation, including the comparison with foreign countries, are estimated. It is noted that in most of the positions, the state audit (control) in Russia is in line with the prevailing international trends and is not inferior to advanced foreign practice. At the same time, the directions of its development, for which there exist substantial reserves, are shown.


2020 ◽  
Vol 20 (1) ◽  
pp. 72-76
Author(s):  
S.V. Mukhachev ◽  

The article discusses the chronology and features of incidents related to information secu-rity at nuclear infrastructure facilities. A brief description of incidents in various countries, the motives of the attacks, measures taken to neutralize the measures and consequences are given. The features inherent in each of the cyberattacks are highlighted. It is shown that the problem of the existence of incidents related to information security at nuclear infrastructure facilities arose with the development and implementation of information and control systems usicomputer technology. This is clearly seen in the analysis of the chronology of the described inci-dents. The adoption of the federal law of the Russian Federation “On the security of critical infor-mation infrastructure of the Russian Federation” allows legal means to combat cyber attacks on nuclear infrastructure facilities


2021 ◽  
pp. 240-250
Author(s):  
И.В. Афанасьева ◽  
Э.Л. Доржиева ◽  
Т.Ц. Дугарова ◽  
О.С. Карпова ◽  
Т.В. Корчагина ◽  
...  

Контрактная система в сфере закупок направлена на развитие конкуренции среди подрядчиков, повышение их профессионализма, а также призвана обеспечить максимальную открытость и прозрачность деятельности государственных органов. Федеральный закон «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» от 05.04.2013 №44-ФЗ, который является основным нормативным правовым актом, регулирующим закупочную деятельность, регулярно претерпевает изменения, что значительным образом влияют на процесс осуществления закупок. В 2018 году в Закон о закупках было внесено 9 изменений, в 2019 году – 8, а в 2020 году – 12, кроме того ежегодно принимается подзаконные акты, издаются различные разъяснения и письма, определяющие позицию федеральных органов исполнительной власти по регулированию контрактной системы в сфере закупок и контрольных органов в сфере закупок. Именно в связи со стремительным развитием законодательства услуги по сопровождению закупочной деятельности, осуществляемой органами исполнительной власти Российской Федерации стали, стали все более востребованными. Данная статья посвящена анализу Государственных контрактов на предоставление услуг по сопровождению закупочной деятельности, осуществляемой органами исполнительной власти Российской Федерации. The contract system in the field of procurement is aimed at developing competition among contractors, improving their professionalism, and is also designed to ensure maximum openness and transparency in the activities of government bodies. The Federal Law «On the Contract System in the Field of Procurement of Goods, Works, Services to Meet State and Municipal Needs» dated 05.04.2013 № 44-FZ, which is the main regulatory legal act governing procurement activities, regularly undergoes changes, which significantly affect the procurement process. In 2018, 9 amendments were made to the Procurement Law, in 2019 – 8, and in 2020 – 12, in addition, by-laws are adopted annually, various explanations and letters are issued that determine the position of federal executive authorities to regulate the contract system in the field of procurement and control bodies in the field of procurement. It was in connection with the rapid development of legislation that procurement support services carried out by the executive authorities of the Russian Federation became increasingly popular. This article is devoted to the analysis of State contracts for the provision of procurement support services carried out by the executive authorities of the Russian Federation.


Author(s):  
S. Kazennov ◽  
V. Kumachev ◽  
E. Koroleva

COVID-19 related crisis is a collective designation of the current stage of the global system crisis, in which COVID-19 is a catalyst and a trigger of many ongoing processes, including destructive and destabilizing ones. The impact of this pandemic on military-economic activities (MEA) is direct and indirect. On the one hand, it is hampering MEA direct functioning, including personnel supply, a decrease in solvent demand, the possibility of financing and the implementation of military-technical cooperation. On the other hand, global tensions, confrontation, psychological instability and behavioral radicalism are on the rise under the COVID-19 conditions. And this is reflected in the demand for military power, power tools as a certain kind of “safety belt” and, accordingly, for MEA products, including non-traditional ones, for “hybrid” confrontations. In addition, due to the pandemic, the role of MEA as one of the “locomotives” of the recovery from the trap of the crisis, and as a technological incubator, has increased. Under the crisis conditions, the most important task for MEA is to increase its functional and economic efficiency. Taking into account the limited resources of MEA, in any case they should provide reliable military security of the Russian Federation (RF), so-called asymmetric deterrence. Drawing Russia into a costly arms race would be unacceptable, as it would contribute to the collapse of the country, like it has been the case with the USSR. Therefore, the issue of proper distribution of funds and resources within the framework of the entire national security complex of the RF between its foreign, military and home, socio-economic components is an acute one. In this regard, a pressing issue is to set tough priorities in determining the key directions of development of MEA of the Russian Federation, technological and military-technical policy, and the defense sector as a whole. And that should be reflected in the planning and implementation of the state armament program, the state defense order and other measures in the field of national defense and security.


2018 ◽  
Vol 5 (3) ◽  
pp. 80-92
Author(s):  
A Ya Asnis

The article discusses the criminological grounds and background of the adoption of the Federal law of December 29, 2017 № 469-FZ «On amendments to the Criminal Code of the Russian Federation and Article151 of the Criminal Procedure Code of the Russian Federation», which introduced liability for abuse of power in the performance of the state defense order in the non-state sector of the economy (art. 201.1 of the Criminal Code) and for abuse of official powers in the performance of the state defense order, infringing on the interests of state power, public service and service in local governments (article 285.4 of the Criminal Code).Formulated private rules for qualif ying relevant crimes and distinguishing them from related crimes and administrative offenses. The controversial and insuff iciently substantiated rule-making decisions underlying the short stories are investigated.


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