scholarly journals Criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions on combating money laundering

2020 ◽  
pp. 76-81
Author(s):  
A.V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Financial Institutions ◽  
The State ◽  
Economic Crime ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
Definition Of ◽  
Work Done ◽  
Quantitative Indicators

The article is devoted to the definition of criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds. The urgency of the problem described in the article is due to the need to increase the effectiveness of counteracting the facts of money laundering, given the state of economic crime and the losses from its existence. The article clarifies the essence of such concepts as «criterion», «evaluation» and «efficiency». Attention is drawn to the fact that the effectiveness of the interaction can be judged based on the purpose of the interaction itself. It is stated that in evaluating efficiency, qualitative and quantitative indicators should be taken into account, while the latter in the form of statistics should be considered mainly as a source of information on the state of crime, the amount of work done, and not its results. The criteria for evaluating the effectiveness of law enforcement agencies' interaction with financial institutions in countering the legalization of criminal proceeds are: 1) reducing the proportion of latent crime; 2) state of information support; 3) the speed of response of financial institutions to the request of law enforcement agencies to provide certain information; 4) state of cooperation with other entities of the system of counteraction to the legalization (laundering) of proceeds from crime; 5) the number of indictments drawn up; 6) public opinion. It is concluded that the evaluation of the effectiveness of the interaction of these entities on the basis of the criteria we define will only be relevant if it is objective, of public importance, relevant to the purpose of the interacting entities.

scholarly journals Concepts and features of interaction of the State service of financial monitoring of Ukraine with law enforcement agencies concerning counteraction to legalization of criminal incomes

2020 ◽  
pp. 82-86
Author(s):  
O.M. Reznik ◽  
A.A. Bertsyukh
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Legal Aspects ◽  
The State ◽  
Economic Crime ◽  
Law Enforcement Agencies ◽  
Definition Of ◽  
Financial Monitoring ◽  
Monitoring Service ◽  
Combat Money Laundering

The article is devoted to the formulation of the author’s definition of the concept of interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering, followed by the definition of the peculiarities of such interaction. The relevance of the proposed article is due to the high level of financial and economic crime, at which the laundering of criminal proceeds causes significant damage to the economy. Accordingly, this state of affairs necessitates the joint efforts of different actors in the fight against this negative phenomenon. It is noted that the category of “interaction” is used in various fields of scientific knowledge, while from the point of view of law this category is most often studied by scientists in the field of criminology, criminal procedure, criminology and operational and investigative activities. Signs of interaction are defined. The interpretation of the financial intelligence unit is considered, as the State Financial Monitoring Service of Ukraine was created as such a unit. The content of the concept of “law enforcement agencies” is revealed by analyzing the legislative and doctrinal definitions, as well as clarifying which tasks-functions certify the law enforcement nature of the activity and allows to refer a body to the category of law enforcement. The author’s vision of the category “law enforcement agencies” is given. The essential signs of legalization of criminal proceeds are singled out. It is established that at the doctrinal level money laundering can be considered in material, procedural, economic and legal aspects. It is concluded that the interaction of the State Financial Monitoring Service of Ukraine with law enforcement agencies to combat money laundering means regulated and agreed under a number of conditions the activities of these entities, which are independent of each other, which is carried out using special methods and carried out in specific forms, in order to counteract the granting of lawful possession, use or disposal of proceeds of crime. Peculiarities of interaction in the context of the researched question are singled out.

scholarly journals Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

2019 ◽  
Vol 75 (4) ◽  
pp. 59-64
Author(s):  
A. V. Steblianko
Keyword(s):  
Law Enforcement ◽  
Financial Institutions ◽  
Legal Status ◽  
Criminal Liability ◽  
The State ◽  
Legal Responsibility ◽  
Structural Elements ◽  
Law Enforcement Agencies ◽  
Law Enforcement Agency ◽  
Definition Of

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science. The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved. The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

scholarly journals Interaction of law enforcement agencies and financial institutions for financial monitoring in the field of combating money laundering

2021 ◽  
pp. 102-106
Author(s):  
M.S. Utkina
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Financial Institutions ◽  
Economic Security ◽  
The State ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Financial Monitoring ◽  
The Right ◽  
Financial Intelligence

The article was devoted to clarifying the place and role of both law enforcement agencies and financial institutions in conducting financial intelligence in the context of anti-money laundering. The activities of the Bureau of Economic Security, the State Bureau of Investigation and the National Anti-Corruption Bureau of Ukraine were analyzed. Attention was focused on the activities of the State Border Guard Service of Ukraine, as the information contained in the request of the State Financial Monitoring Service, as well as information provided by this Service, can be used only as to anti-money laundering. In the context of financial intelligence in the field of anti-money laundering, attention was focused on the interaction of the abovementioned law enforcement agencies with each other, as well as with financial institutions. The author analyzed the essence of the law enforcement agencies interaction with financial institutions, determined which law enforcement agencies are involved in financial intelligence. It was also determined that the subjects of primary financial intelligence (defined in Article 6 of the Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”) have the right to apply to law enforcement agencies to provide the requested information and / or documents. It was also emphasized that the subjects of state financial intelligence have the right to submit to law enforcement agencies the information obtained during the supervision in the field of prevention and counteraction, which may indicate signs of committing offenses. The article stipulates that to monitor the effectiveness of the system of anti-money laundering, law enforcement agencies ensure the formation of comprehensive administrative reporting in the field of prevention and counteraction.

scholarly journals Methods of interaction of the state border service of Ukraine with other law enforcement authorities

2021 ◽  
Vol 66 ◽  
pp. 123-128
Author(s):  
I.I. Baidyuk
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
The State ◽  
Information Support ◽  
Universal Method ◽  
Coordination Control ◽  
Illegal Migration ◽  
Law Enforcement Agencies ◽  
Economic Methods ◽  
Forecasting Method

The article is devoted to defining the concept and methods of interaction of the State Border Guard Service of Ukraine with other law enforcement a. The meaning of the concept of "methods" is revealed. It is proposed to understand the methods of interaction of the State Border Guard Service of Ukraine with other law enforcement agencies as a set of tools used by these entities within the current legislation to organize and maintain relations between them to ensure border security, prevent smuggling, illegal migration and transnational crime. Features of such administrative methods of management as regulatory, administrative and normative are considered. It is noted that regulatory methods take place in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. It is determined that persuasion as a universal method of management in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities is absent, and an example of the method of coercion is liability for non-compliance with acts of the State Border Guard Service of Ukraine. Such organizational methods in interaction of the State Border Guard Service of Ukraine with other law enforcement authorities as planning, forecasting, method of information support, method of decision making, methods of organizing the implementation of decisions and monitoring their implementation, methods of instructing and work with personnel are singled out. Emphasis is placed on economic methods in the interaction of the State Border Guard Service of Ukraine with other law enforcement authorities. The results of the survey show the problems in the use of methods of legal regulation, prohibitions, coercion, coordination, control in the management of the State Border Guard Service of Ukraine, which affect the effectiveness of its interaction with other law enforcement authorities and should be studied separately.

Money Laundering Prevention: International Experience of Cooperation between Law Enforcement Agencies and Financial Institutions

2021 ◽  
Vol 39 (9) ◽  
Author(s):  
Oleg M. Reznik ◽  
Nadiia S. Andriichenko ◽  
Viktor Ya. Konopelskyi ◽  
Zhanna V. Zavalna ◽  
Tetiana Y. Myronenko
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Financial Institutions ◽  
International Experience ◽  
Law Enforcement Agencies ◽  
Foreign Experience ◽  
Methods Of Analysis ◽  
Legislative Proposals ◽  
Logical Method

The urgency of the problems described in the articles is due to the need to improve cooperation between law enforcement agencies and financial institutions in the field of combating excellent money in Ukraine. The purpose of the study is to study the foreign experience of cooperation between law enforcement agencies and financial institutions in the field of combating money laundering and establishing opportunities for its use in Ukraine. The research is based on the methods of analysis and generalization and the formal-logical method. The obtained results can be based on legislative proposals to improve the interaction of these entities, which, at their discretion, allow for interaction at a new level.

Contemporary Scales of the Shadow Economy in Kazakhstan

2020 ◽  
Vol 11 (2) ◽  
pp. 475
Author(s):  
Zhamilya KYDYROVA ◽  
Erlan ONLASYNOV ◽  
Aigul SHADIEVA ◽  
Akmaral ABDRAKHMANOVA ◽  
Altynsary UMBITALIEV ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Market Economy ◽  
Shadow Economy ◽  
Private Property ◽  
The State ◽  
Economic Crime ◽  
Coordination Mechanism ◽  
Economic Science ◽  
Law Enforcement Agencies ◽  
The Impact

The issues of the general reasons for the existence of the shadow economy and the factors that determined its enormous scale in the contemporary realities of the economic system of Kazakhstan are the subject of consideration of many researchers. However, the authors try to evaluate the results of development programs and the activity of bodies contributing to the modernization of economic policy aimed at structural changes in the policy of counteracting the shadow economy, which have been previously considered ambiguously. The main attention of the authors is given to the study of the phenomenon of ‘shadow economy’ as a special segment of a market economy, as well as to the development of practical recommendations for minimizing the disruptive mechanism’s consequences of shadow activity in the post-socialist period. The impact of the shadow economy on the financial and economic development and security of Kazakhstan are comprehensively studied for understanding the scales of the phenomenon. The authors analyze anthropological factors associated with the contradictory nature of man, economic factors inherent in the market economy and distortions in the state tax policy, insufficient saturation of the market with goods and services, imbalance between various spheres and sectors of the national economy, and low purchasing power of the population. The focus is made on legal factors that have arisen due to the imperfection of the legislative framework and coordination mechanism for combating economic crime, the insufficient activity of law enforcement agencies in the sphere of suppression of illegal and criminal economic activity. The main reasons for the permanent strengthening of shadow activity in the modern economy of Kazakhstan are identified in their direct interrelation with the features of the national model of economic reform. These reasons include: the insecurity of small and medium private property rights from the arbitrariness of the state, the illegal nature of privatization, the dominance of monopolies in the economy and the repressive nature of taxation, etc. These factors have generated not only the traditional shadow activity in Kazakhstan, but the other forms have appeared: labor activity without official registration; manipulations with securities issued by ‘quasi-private’ structures; forceful elimination of competition by regulatory and law enforcement agencies in favor of certain companies and the export of capital from the country according to offshore schemes and technologies, etc. The results of the study on the degree of influence of the features of reforming the Kazakhstani economy on the development of shadow activity make a certain contribution to the study of the phenomenon of the shadow economy in Economic Science. The situation with the spread of the pandemic has once again demonstrated the scale of the shadow economy, the level of corruption of power structures and the steady growth of shadow capital in the country.

Follow the money to achieve success: achievable or aspirational

2017 ◽  
Vol 24 (3) ◽  
pp. 425-436 ◽  
Author(s):  
Nicholas Alan McTaggart
Keyword(s):  
Law Enforcement ◽  
Literature Review ◽  
Money Laundering ◽  
Financial Institutions ◽  
Design Methodology ◽  
Organised Crime ◽  
Economic Crime ◽  
Content Type ◽  
Terrorist Financing ◽  
The Subject

Purpose The purpose of this paper is to highlight the extent to which organised crime and the environment have altered in relation to money laundering and terrorist financing and to explore whether strategies to “follow the money” have been successful. Design/methodology/approach This paper is based on personal analysis and involvement as a practitioner in law enforcement and includes a broad literature review on the subject of terrorist financing and money laundering. Findings Money laundering, terrorist financing and economic crime activity are being disguised in the “noise” of business by specialists that have become very adept at their craft. Financial institutions and lawmakers have invested heavily in countering money laundering and terrorist financing. However, its real effectiveness is somewhat doubtful. Originality/value This paper serves to stimulate further discussion and research on how all actors can increase collaboration and co-operation to increase the effectiveness of disruption strategies associated with these classes of crime.

scholarly journals Theoretical fundamentals of interaction of law enforcement authorities in counteraction of crimes committed by organized groups or criminal organizations formed by an ethnic basis

2021 ◽  
pp. 39-47
Author(s):  
Volodymyr Sevruk
Keyword(s):  
Law Enforcement ◽  
Effective Interaction ◽  
The State ◽  
Law Enforcement Agencies ◽  
Effective Factor ◽  
Long Run ◽  
Criminal Organizations ◽  
Criminal Groups ◽  
Definition Of ◽  
Legal Concepts

The analysis of the researched scientific problems on counteraction to crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis, now necessitates further research of ethnic crime in Ukraine and the world in general. Formation by the Ukrainian state of a multi-vector mechanism of counteraction to organized groups and criminal organizations, formed on an ethnic basis, is impossible without understanding the essence of this problem, relevant legal concepts and classification and identification of features of organized ethnic crime that are important for law enforcement and the state. The main effective factor in such activities is to guarantee the security of citizens and the integrity of the state from criminal encroachments of organized groups and criminal organizations that are formed on an ethnic basis. Thus, for the effective interaction of law enforcement agencies in combating crimes, committed by organized groups and criminal organizations that are formed on an ethnic basis, a sound concept of such cooperation is needed, which is currently lacking. Accordingly, in the long run, such a concept needs to be adopted immediately, which will start streamlining law enforcement relations on the exchange and realization of information concerning the activities of both domestic criminal groups and organized criminal groups of foreign nationals or those formed on ethnic grounds. Theoretical principles of law enforcement interaction in combating crimes, committed by organized groups and criminal organizations, which are formed on an ethnic basis by generalizing, analyzing and systematizing the concept of interaction, its forms, methods and types, are analyzed. An author's definition of the concept of interaction among police during counteraction to crimes, committed by organized groups and criminal organizations, formed on ethnic basi, is given

On Improvement of Information Technologies for Optimization of Activity of the Road Patrol Service Divisions of Law-Enforcement Agencies in Russia

2018 ◽  
pp. 25-30
Keyword(s):  
Law Enforcement ◽  
Information Technologies ◽  
The State ◽  
Information Support ◽  
Law Enforcement Agencies ◽  
The Road ◽  
The Law ◽  
Information Circulation ◽  
Automated Registration

The article discusses the problems of improving the information support of the units of the road patrol service of the state traffi c Inspectorate of the law enforcement agencies. It is noted that the strategy of reforming the road patrol service is aimed at reducing the number of staff, so the level of workload will increase. Due to this immediate measures are required to improve the activities of the mentioned units. The level of intensity of the employees of road patrol service’s work in the course of registration of materials connected with transport incidents is analyzed. It is proved that information is a key element of the complex of actions of police offi cers during the registration of materials on road traffi c incident. Improvement of the information circulation activities, including its transmission, processing and using, will signifi cantly reduce the time taken to register the materials connected with transport incidents. The necessity to introduce the hardware and software complexes of automated registration of road traffi c incidents is proved. The authors conclude that there is a need for MIA of Russia to issue a legal regulatory act on application of such hardware and software complexes by divisions of road patrol service of Inspectorate of the law enforcement.

scholarly journals DIRECTION AND FEATURES OF LAW ENFORCEMENT ACTIVITIES IN THE FIELD OF ENSURING ECONOMIC SECURITY

2018 ◽  
Author(s):  
Галина Крохичева ◽  
Galina Krohicheva ◽  
Алина Куровская ◽  
Alina Kurovskaya
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Economic Security ◽  
The State ◽  
Economic Crime ◽  
Law Enforcement Agencies ◽  
The Russian Federation ◽  
Internal Affairs

The article presents the statistics of the annual collection of the Ministry of Internal Affairs of the Russian Federation on the state of crime relating to crimes of a corruption nature. The areas of activity of law enforcement agencies for ensuring economic security are analyzed, the main problems of determining the role and place of law enforcement agencies, internal affairs bodies in the system of ensuring economic security are identified, and measures are presented to improve the activities of internal affairs bodies in counteracting economic crime.

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