scholarly journals Mexican Notary Publics in the Fight Against Money Laundering

2021 ◽  
Vol 14 (1) ◽  
pp. 173
Author(s):  
Florencia Aurora Ledesma Lois

main task of the Mexican notary is to provide, at the request of individuals, certainty and security to legal acts and facts through the exercise of public trust, which is characterized by the specialization of its function and the expertise required to perform the activity. However, in modern times, its obligations have been expanded to include assisting national and international authorities in the fight against the crime of money laundering and its provenance, such as drug trafficking, extortion, theft, corruption, embezzlement, tax and investment fraud, terrorism and its financing, among others. Therefore, the main objective of this note is to analyze the mandatory burden on notaries within the national legal framework, which has been established in accordance with globally imposed demands to combat the perpetration of such illegal behaviors. Similarly, the possible penalties that may apply in the event of non-compliance with the applicable provisions shall be examined from a critical and theoretical perspective. The research problem is addressed from a dogmatic and formalist methodology consistent with the subject of study, providing an explanation based on the factual, regulatory, and axiological dimensions.

2018 ◽  
Vol 9 (2) ◽  
pp. 119-135
Author(s):  
Lucia Kurilovská ◽  
Marek Kordík

The paper deals with a  national risk assessment. The subject of  the risk assessment is money laundering and terrorism financing. This is the first time it has been conducted in the Slovak republic. The contribution shows what are the decisive criteria in evaluating the national system of anti-money laundering and terrorism financing. The  first variable that needs to be taken in account is measures examining the legal framework. The second variable is the institutional framework. The competency of personnel represents the third variable. The infrastructure creates the fourth variable in order to prevent, avoid and respond to such a threat. The other variables are strongly related to the effectiveness of the sanctions. The infrastructure belongs to the other variables. The contribution deals also with data sources and lists those that should be used as a source for further evaluation. The outcome of the NRA will be a comprehensive report.


2016 ◽  
Vol 24 (1) ◽  
pp. 74-89 ◽  
Author(s):  
Norman Mugarura

Purpose – Money laundering schemes are inextricably linked to corruption whereby the latter is utilised either as “a means to an end or as an end in itself”. The prevalence of one of these offences in a country usually signifies the prevalence of the other. The foregoing connection is supported by studies carried out by the World Bank and Asian Development Bank to correlate the connection between money laundering and corruption. Corruption has been exploited to facilitate commission of other crimes such as drug trafficking, prostitution, small arms trafficking and illegal currency trafficking. It has destroyed the myth that corruption is a domestic political issue amenable within individual states borders. Therefore, the design of anti-corruption policy measures should incorporate effective implementation anti-money laundering (AML) strategy and their enforcement on corrupt public officials. It needs to be noted that money accrued from corruption constitutes criminal property under the majority of global AML/CFT frameworks which have been domesticated by individual national governments. Both corruption and money laundering thrive in an environment of bad governance, lack of requisite local oversight institutions, a tenuous legal systems and laws and bad governance. These offences have become so intertwined that it is not easy to tell which is which because they are embedded in each other and in the context of this paper are symbiotic. Design/methodology/approach – The paper articulates that there is a close connection between corruption and money laundering offences. It was undertaken by evaluating primary and secondary data sources to demonstrate the interconnectivity of the foregoing criminal offences in the regulatory realm. The overlapping relationship between corruption and money laundering has been acknowledged by many oversight institutions and national governments. For example, Singapore enacted a legislation: “Corruption, Drug Trafficking and other Serious Crimes (Confiscation of Benefits) Act” in (1999) recognizing the foregoing interconnectivity. The G20 imposed on Financial Action Task Force the requirement to incorporate mechanisms within its framework to combat money laundering and terrorist financing measures to fight corruption. Therefore, this paper has demonstrated a close correlation between corruption and money laundering and what ought to be done at various oversight levels to forestall them. Findings – Corruption and money laundering are inextricably linked such that where one exists, the other one will be also lurking in the background. The paper has articulated the connection between corruption and money laundering and the context they are manifested either together or differently. It has demonstrated that the foregoing offences are literally “Keith and Kin” and should be accorded the same level of attention as serious financial crime, both in theory and practice of states. Research limitations/implications – While there are many papers which have been published on the subject of money laundering and corruption, not many articulate the connection between corruption and money laundering in the context of this paper. The paper was undertaken by evaluating primary and secondary data sources and analysing this data in different contexts of this paper. However, it would have been better to corroborate some of the foregoing sources by working with oversight AML/corruption institutions. Therefore, the author will ensure that future studies carried out on the subject matter of money laundering and corruption are undertaken with a high measure of collaboration with oversight AML/corruption agencies and possibly also civil society organisation which have a mandate on these similar issues. Practical implications – This paper is of practical significance for governments, policy and oversight institutions in dealing with issues relating to corruption and money laundering. The paper provides insights into the dynamics of the foregoing twin offences, the context they are manifested and how the law can be better utilised to forestall them. Corruption and money laundering have eviscerated the individual economies capacity to engage in national development programmes, and they need to be addressed as a matter of seriousness, both nationally and internationally. This paper will provide insights into what states need to do to harness the law relating to corruption and money laundering offences, both at an oversight institution and individual national government’s level. Social/implications – Corruption and money laundering crimes have eroded the fabric of societies, eviscerated individual states capacity to pursue national development goals and not to mention fuelling other crimes such as financing of terrorism, human and small arms trafficking, drugs trafficking, to mention but a few. Therefore, no state can afford to ignore the foregoing transgressions against humanity because no state can claim to be immune from the offshoot effects of corruption and money laundering. Originality/value – There are not many published papers which articulate the connection between money laundering and corruption in the context of this paper. This paper is one of its kind, original and a must read. It is a must read because it has a lot offer literally to every one û academics, researchers, students, policy and regulatory institutions and the list goes on.


Author(s):  
Rieder Markus S ◽  
Kreindler Richard

This chapter addresses the legal framework applicable to proceedings before arbitral tribunals seated in Germany. On this basis, it first discusses the typical structure and frequent steps of arbitral proceedings. Regarding the initiation of arbitral proceedings, German law follows a three-step model consisting of: request for arbitration, constitution of the arbitral tribunal and initial pleadings by claimant (statement of claim) and respondent (statement of defence). German ad-hoc proceedings usually contain few mandatory formalities for the request for arbitration. Pursuant to the ZPO, its minimum contents are designation of the parties, designation of the subject matter of the dispute, and reference to the applicable arbitration agreement. The chapter concludes by examining a wide range of special situations, highlighting the steps taken by the German Institute of Arbitration (DIS) during events such as multi-party arbitration, as well as issues of fraud, money laundering, and corruption.


Author(s):  
Alexander L. Nikiforov ◽  

The article examines the understanding of scientific progress by scientists and representatives of the philosophy of science, in particular, W. Whewell, E. Mach, M. Weber, logical positivism. It is noted that until the middle of the twentieth century, scientists and philosophers were convinced that science is constantly progressing, developing more and more complete and accurate knowledge of the world. Only in the second half of the twentieth century K. Popper and T. Kuhn questioned this belief, proposing their conceptions of the development of sci­ence. However, the belief in the progressive nature of the development of sci­ence received a new justification in a three layer model of the structure of sci­ence, which added an engineering level to the theoretical and empirical levels. By the end of the twentieth century it was realized that the experimental science of modern times initially saw its main task in the improvement of technology, the search for truth was 0nly a means of solving its main social task. In the sec­ond half of the twentieth century technoscience has fulfilled its historical mission, creating a technical basis for the formation of a consumer society. Ap­parently, its development is over. In place of science, occupied with the improve­ment of technology, there are sciences, the subject of which is man and his im­provement.


2020 ◽  
Vol 24 (1) ◽  
pp. 26-48
Author(s):  
Warren Swain

Intoxication as a ground to set aside a contract is not something that has proved to be easy for the law to regulate. This is perhaps not very surprising. Intoxication is a temporary condition of varying degrees of magnitude. Its presence does however raise questions of contractual autonomy and individual responsibility. Alcohol consumption is a common social activity and perceptions of intoxication and especially alcoholism have changed over time. Roman law is surprisingly quiet on the subject. In modern times the rules about intoxicated contracting in Scottish and English law is very similar. Rather more interestingly the law in these two jurisdictions has reached the current position in slightly different ways. This history can be traced through English Equity, the works of the Scottish Institutional writers, the rise of the Will Theory, and all leavened with a dose of judicial pragmatism.


2018 ◽  
Vol 28 (1) ◽  
pp. 73-78
Author(s):  
Venelin Terziev ◽  
Marin Georgiev

The subject of this article is the genesis of the professional culture of personnel management. The last decades of the 20th century were marked by various revolutions - scientific, technical, democratic, informational, sexual, etc. Their cumulative effect has been mostly reflected in the professional revolution that shapes the professional society around the world. This social revolution has global consequences. In addition to its extensive parameters, it also has intensive ones related to the deeply-rooted structural changes in the ways of working and thinking, as well as in the forms of its social organization. The professional revolutions in the history of Modern Times stem from this theory.Employees’ awareness and accountability shall be strengthened. The leader must be able to formulate and bring closer to the employees the vision of the organization and its future goal, to which all shall aspire. He should pay attention not to the "letter" but to the "spirit" of this approach.


Author(s):  
Pyotr Ivanov

In this article, based on the study and analysis of operational-search legislation, scientific publications, law enforcement practice and the criminal situation in the field of legalization, the operationalsearch counteraction to the legalization of income received from the Commission of tax crimes is considered. The paper focuses on the stages (stages) of laundering, the existing points of view on this account, as well as on the methods of illegal withdrawal of funds abroad. The author of the article aimed to develop scientifically based proposals and recommendations for improving the effectiveness of this type of activity by the territorial bodies of internal Affairs and their divisions of economic security and anti-corruption. It is proposed to put forward and work out operational search versions within the subject of study, as well as to develop, taking into account the methods (schemes) used by criminals to launder criminal proceeds and illegally withdraw funds abroad for the purpose of their subsequent legalization, operational search measures to document their criminal actions. In addition, the author recommends constant monitoring of money laundering methods based on operational and investigative practices. The results and key conclusions formulated in this article can be used in the theory and practice of operational investigative activities of internal Affairs bodies to counteract the legalization of income received from tax crimes.


Author(s):  
Sergey D. Grinko

We consider the issues of correlation between the international law of citizens of different states to travel and national legislation restricting illegal migration, which are the subject of interstate agreements. The issue of combating organized illegal migration for Russia is urgent, since the dynam-ics of this crime indicates an increase in the registration of such crimes and the identified persons who committed them. This is due to the large length of Russian borders and integration with foreign states, which entails an increase in the penetration of foreign citizens into the territory of our country. Illegal migration leads to an increase in ethnic organized crime and related smug-gling, drug trafficking, tax evasion and extortion. The fight against this criminal phenomenon is relevant for the entire world community. States seek to protect their citizens, but at the same time are obliged to comply with in-ternational legal norms on the issue under consideration. This activity of states should be carried out in accordance with the principles of respect for human rights and freedoms. We analyze international and Russian legisla-tion, damage caused by illegal migration, and propose measures to prevent crime related to illegal migration.


2020 ◽  
pp. 55-61
Author(s):  
ALEXANDER V. USACHEV ◽  

The object of the research is a syncretic reality in which pure reason and religion are present. The subject of research is religion and pure reason in their structural relations in modern times and today. The study was formed in accordance with the structural and functional method. Its essence consists in searching for visible connections between the subjects of pure reason and the subjects of religion. The phenomenological method is a complement to the structural-functional one, since it can be used as a method of analysis in the fundamental phenomena of being and consciousness, rational and religious components are intertwined in a life composition, in which sometimes the rational and religious are inseparable from each other and have the same goals, for example: victory over poverty, disease and other adversities. In this sense, building or analyzing structural correspondences brings the researcher closer to a clear picture of the goals and means to achieve mutual understanding...


2021 ◽  
Vol 14 (2) ◽  
pp. 423-442
Author(s):  
Diego Silva Cardoso ◽  
Pedro Sartori Locatelli ◽  
Wanderley Ramalho ◽  
Nader Asgary

Purpose – The production of photovoltaic solar energy has gained international prominence, being the subject of government policies aimed at its development. The purpose of this study is to analyze the profitability of a shared photovoltaic solar energy project, located in the national territory, resulting from changes in regulatory framework of the sector represented by different tariff levels.Design/methodology/approach – It is a quantitative study based on corporate finance as its theoretical-conceptual substrate. Simulations were carried out using different energy price and tariff scenarios.Findings - The results reveal that, under current conditions, distributed photovoltaic solar energy generation is financially very attractive to investors. In addition, it was found that significant changes in the tariff regime for this type of energy might prevent new investments in the segment. Practical implications – The evidence suggests caution in changing the legal framework of a segment that is still incipient in the country, which generates clean and renewable energy, and with enormous growth potential.Originality/value - The study presents, in a systematic way, the possible impacts of changes in the price and tariff scenarios on the attractiveness of investment in the distributed generation of photovoltaic solar energy generation. In this sense, it can be easily adapted to evaluate industrial plant projects of different sizes in regions with distinct levels of solar irradiation.           


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