scholarly journals The Federal Financial Monitoring Service (Rosfinmonitoring) as a financial control body that performs functions to counteract the legalization (laundering) of proceeds from crime

2021 ◽  
Vol 2021 (4) ◽  
pp. 70-81
Author(s):  
Vladimir Terekhin ◽  
Konstantin Frolov ◽  
V. Yargutova
Keyword(s):  
Law Enforcement ◽  
High Tech ◽  
Financial Control ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Set Up ◽  
Control Body ◽  
Financial Monitoring ◽  
Restrictive Measures ◽  
High Technologies

Restrictive measures related to the coronavirus pandemic have contributed to the spread of new types of crimes committed using «high» technologies in Russia. The risks of the spread of the criminal situation are aggravated against the background of the spread of coronavirus infection. The most important factor in countering high-tech crime is the work of Rosfinmonitoring, which is targeted at identifying suspicious financial transactions. This article presents the results of a study of the activities of Rosfinmonitoring in the direction of countering the legalization (laundering) of proceeds from crime using «high» technologies. The authors set a goal to formulate the problems and possible options for overcoming them in the context of the activities of Rosfinmonitoring with the designation of further prospects for improving its activities. The primary task is to set up the mechanism of interaction of Rosfinmonitoring with law enforcement agencies engaged in criminal prosecution. The conclusion is made about the urgent need to achieve certainty in the issue of accounting for cryptocurrencies, the limits of their use in the economic sphere. The results of the study can be useful for employees of financial control bodies, law enforcement agencies.

STATE AND PROSPECTS OF STATE FINANCIAL CONTROL IN UKRAINE

2018 ◽  
Author(s):  
Svitlana Priymak ◽  
◽  
Svitlana Goncharuk ◽  
Yuliia Mosolova ◽  
◽  
...  
Keyword(s):  
Law Enforcement ◽  
Practical Experience ◽  
Financial Economic ◽  
The State ◽  
Financial Control ◽  
Law Enforcement Agencies ◽  
State Budget ◽  
Joint Activities ◽  
State Audit ◽  
Control Body

The article considers the state and prospects of development of the state financial control in Ukraine, investigates theoretical developments and practical experience concerning the state of the state financial control in Ukraine. The structure of violations identified by the Accounting Chamber of Ukraine in 2019 is highlighted. The structure of violations of budget legislation by types of violations is analyzed. The reports of the Accounting Chamber and the volume of violations and shortcomings identified by this control body were processed. The effectiveness of control and verification work of controlling bodies is investigated. The structure of revenues of the State Budget of Ukraine is considered and the results of the audit of the efficiency of the State Fiscal Service of Ukraine, the State Tax Service of Ukraine and the State Customs Service of Ukraine are analyzed. The results of the State Audit Service and the Accounting Chamber of Ukraine in 2018-2020 were analyzed. It was substantiated that the merger of customs and tax authorities into a single controlling body negatively affected the effectiveness of customs control over the movement of goods across the border and combating fraudulent transactions. The interaction of the State Audit Service with law enforcement agencies based on the results of its activities (audits, inspections, audits) during 2018-2020 is analyzed and it is determined that the State Audit Office constantly participates in joint activities with law enforcement agencies to identify and stop abuses and violations in the financial, economic and budgetary spheres. The most problematic reasons that affect the effectiveness of public financial control are highlighted. The study of the results of the effectiveness of the functioning of control bodies indicated numerous problems that persist in this area. Therefore, the main factors for improving the mechanism of efficiency of public financial control in Ukraine are indicated.

scholarly journals Justification of the Necessity to Adjust Law Enforcement Agencies to Digital Transformation of Criminality

Lex Russica ◽  
2021 ◽  
pp. 63-70
Author(s):  
M. A. Zheludkov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Public Relations ◽  
Criminal Behavior ◽  
Industrial Revolution ◽  
Digital Technologies ◽  
High Tech ◽  
Social Changes ◽  
Law Enforcement Agencies ◽  
Use Of Technology

Underestimation of the importance of solving problems in law enforcement agencies in the context of the use of new digital technologies by criminals may lead to the situation when high-tech crime does not replace traditional forms of theft, but may result in a sharp hypoxia of preventive activities, which will lack the planned law enforcement resources and means of responding to emerging threats. The relevance of the paper lies in the fact that when assessing the use of modern digital technologies in scientific literature and regulatory support, special emphasis is placed on specific data functions of technologies to automatically analyze a set of data and with the help of a set of algorithms to make decisions on optimization of processes and activities, that is, the ability to simplify human relationships. However, the experience of law enforcement has shown that the lack of law enforcement support for protecting the society from negative use of technology leads to the fact that the response now follows the criminal consequences of their use of technologies. The creation of artificial intelligence (AI) systems has led to serious social changes, there is a kind of transformation of public relations under the influence of the digital economy, which inevitably creates the prerequisites for the emergence of specific criminal behavior. The paper provides for a brief analysis of information from open sources about the possibilities of criminal use of artificial intelligence. The author aims to analyze the various possibilities of creating a new model of protection against cybercrime under the control of law enforcement agencies in the context of new threats caused by criminal use of AI technology and the new industrial revolution.

scholarly journals The innovative models of functioning of anti-corruption bodies in the world

2019 ◽  
Vol 7 (11) ◽  
pp. 79-84
Author(s):  
Аюб Канан
Keyword(s):  
Law Enforcement ◽  
State Power ◽  
European Countries ◽  
Universal Model ◽  
Law Enforcement Agencies ◽  
Prevention Services ◽  
The Third ◽  
The World ◽  
Set Up ◽  
Corruption Prevention

Models of formation and development of anti-corruption institutions are analyzed in thearticle. The modern anti-corruption bodies of state power that exist in Germany, Hungary, Finland,Albania, Romania, Lithuania and Latvia are considered.It has been found that in most European countries specialized anti-corruption bodies have beenestablished as an important element of the anti-corruption strategy. The author analyzes the experienceof developing anti-corruption institutions in Lithuania, Romania, Finland, Norway, Germany, Albaniaand others. and found that in Europe there is no one universal model of the anti-corruption body. Theanalysis showed that there are similar law enforcement agencies, corruption prevention services, anticorruptionstrategy management, and multi-purpose organizations. In some countries, several anticorruptionagencies have been set up, and several such institutions can deal with both corruption andother issues. Romania's experience with the implementation of the National Anti-Corruption Directorate,which includes not only exposing corruption but also investigating corruption offenses, is effective.Based on the analysis of the system of anti-corruption institutions in European countries,it should be noted that there are three models of formation and development of anti-corruptioninstitutions, in particular:1) there are no specially created anti-corruption institutions, and the functions of preventingand combating corruption are delegated to law enforcement and / or judicial bodies;2) which established a single anti-corruption institution;3) in which the system of anti-corruption bodies of state power operates.Ukraine belongs to the third model, because in our country a system of state authorities isestablished and operates, which implement state policy in the sphere of combating corruption.

scholarly journals Legal Mechanisms for Digitalization of the Activities of Prosecution Authorities

2021 ◽  
Vol 93 ◽  
pp. 02018
Author(s):  
Anna Churikova ◽  
Nina Manova ◽  
Mikhail Lavnov
Keyword(s):  
Law Enforcement ◽  
Well Being ◽  
Legal Regulation ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Scientific Methods ◽  
The Social ◽  
State And Society ◽  
General Scientific ◽  
Economic Well Being

Prosecution authorities in most countries act as guarantors of the legality and validity of criminal prosecution, thereby ensuring the social and economic well-being of the state and society. Outdated paper forms of interaction between prosecution authorities and other law enforcement agencies in criminal investigations overload the existing system and make it less effective. Using the main general scientific methods of cognition, the authors come to the conclusion that it is necessary to improve the legal regulation of the digitalization of the prosecution authorities. As a result of the study, three main tasks have been identified to which the digitalization of the activities of the prosecution authorities should be directed.

Financial information in the context of anti-money laundering

2020 ◽  
Vol 23 (2) ◽  
pp. 369-378
Author(s):  
George Pavlidis
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Financial Information ◽  
The European Union ◽  
Law Enforcement Agencies ◽  
Content Type ◽  
Open Source Data ◽  
Financing Of Terrorism ◽  
Set Up ◽  
Financial Intelligence

Purpose This paper aims to examine three important interrelated issues that arise in the context of financial investigations: the access of law enforcement agencies to centralised bank account registries that have been set up in several jurisdictions; the exchange of financial information between financial intelligence units (FIUs) that function in different jurisdictions; and the exchange of financial information between FIUs and law enforcement bodies. Through the adoption of Directive 2019/1153, the European Union (EU) has attempted to achieve a paradigm shift in these three areas, but many challenges remain, from the interconnection of registries to the implementation of adequate data protection safeguards. Design/methodology/approach This paper draws on primary sources of law, legal scholarship, reports and open source data to analyse the changes that Directive 2019/1153 has brought about in conducting financial investigations in the area of anti-money laundering (AML) and the counter-financing of terrorism (CFT). Findings The new Directive 2019/1153 constitutes an international model for broadening the access of law enforcement agencies to financial information and facilitating information exchanges between FIUs and law enforcement agencies. Nevertheless, many challenges have still to be addressed, such as the interconnection of centralised registries and the implementation of adequate safeguards. Originality/value This is a comprehensive study examining the new EU framework for access to financial information and information exchanges between FIUs and law enforcement agencies, which can be used as a model for international cooperation in the areas of AML/CFT.

scholarly journals On the problems of application of customary law in the criminal prosecution of persons of small indigenous peoples of the north

2021 ◽  
Vol 17 (2) ◽  
pp. 101-105
Author(s):  
Natalya Yu. Akinina ◽  
Valery Filippovich Anisimov ◽  
Valeriy T. Galkin
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Criminal Prosecution ◽  
Law Enforcement Agencies ◽  
Positive Law ◽  
The North ◽  
Law Enforcement Officials ◽  
Indigenous Minorities ◽  
Environmental Crimes

The subject of the study is the problems of application of the norms of criminal law stipulating responsibility for environmental crimes against representatives of persons of small indigenous minorities of the North, the essence of which is the conflict between the positive law and the customary law of these peoples. The purpose of the study is to analyze the causes of this conflict, as well as to substantiate the necessity of applying the norms of customary law of indigenous peoples of the North in their criminal prosecution for environmental crimes. As a result of the study, the assumption is made that knowledge of the norms of customary law by law enforcement officials will allow to relieve social tension between the indigenous peoples of the North and the law enforcement agencies. That is why it is necessary to begin work on the formation of a code of customary law, as well as recommendations for its application, which could become a document to be used as a recommendation for law enforcement bodies in their decision-making.

scholarly journals Current Status And Prospects Of Anti-Money Laundering In Digital Economy

2020 ◽  
Vol 8 (15) ◽  
pp. 314-327
Author(s):  
Oleg M. Reznik ◽  
Yuliia O. Danylevska ◽  
Alina V. Steblianko ◽  
Iryna M. Chekmarova ◽  
Vladyslav V. Karelin
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Information Technologies ◽  
Digital Economy ◽  
Current Status ◽  
Gradual Transition ◽  
Negative Consequences ◽  
Law Enforcement Agencies ◽  
Digital Format ◽  
Financial Monitoring

The relevance of the article is determined by the need to study money laundering in the digital economy since the gradual transition of the state economy to a digital format, including the emergence of electronic money, the spread of electronic banking and the use of other information technologies, leads to the emergence of new methods and schemes for money laundering, which requires the simultaneous identification of contemporary risks of counteracting this type of crime and the search for ways of improving such activity. The purpose of the article is to study the current status and to search for ways to improve the fight against money laundering in the digital economy. Abstract logical, comparative legal methods and critical analysis were used to achieve this goal. It has been found that advances brought by the digital economy were profitable tools for money laundering. The negative consequences of money laundering have been discussed, which updates the task of finding optimal areas for counteraction. It is concluded that such areas are as follows: improving the IT infrastructure of banks, establishing relationships between banks and law enforcement agencies, preventing cybercrime, improving the financial monitoring system, ensuring the interaction of financial monitoring entities and law enforcement agencies. The conclusions and provisions set forth in the article are aimed at improving state policy in the field of combating money laundering, taking into account the challenges of the digital economy.

scholarly journals CRIMINOLOGICAL AND CRIMINAL LAW ASPECTS OF COMBATING CYBER CRIME IN RUSSIA (SOCIOLOGICAL RESEARCH)

2020 ◽  
Vol 11 ◽  
pp. 41-44
Author(s):  
Konstantin N. Evdokimov ◽  
Keyword(s):  
Law Enforcement ◽  
Computer Crime ◽  
Computer Users ◽  
High Tech ◽  
Scientific Article ◽  
Sociological Research ◽  
Cyber Crime ◽  
Law Enforcement Agencies ◽  
Cross Border ◽  
The Russian Federation

The problem of the evolution of computer crime into high-tech crime, its cross-border, transnational, organized and latent nature, requires the scientific community and law enforcement agencies to develop new conceptual approaches to counter this asocial phenomenon. In the scientific article, the author, taking into account the opinion of computer users, proposes a number of measures to prevent, combat and minimize the harmful consequences of computer crimes in the Russian Federation.

scholarly journals ОТКАЗ ОТ ОБВИНИТЕЛЬНОГО УКЛОНА В СТАДИИ ДОСУДЕБНОГО РАССЛЕДОВАНИЯ – ОДИН ИЗ ПУТЕЙ ЗАЩИТЫКОНСТИТУЦИОННЫХ ПРАВ ГРАЖДАН (REFUSAL OF THE ACCUSATORY BIAS AT THE STAGE OF PRE-TRIAL INVESTIGATION IS ONE OF THE WAYS TO PROTECT THE CONSTITUTIONAL RIGHTS OF CITIZENS)

2020 ◽  
Author(s):  
Renat Shaikhadenov
Keyword(s):  
Law Enforcement ◽  
Judicial System ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Technical Problems ◽  
The People ◽  
Head Of State ◽  
Administration Of Justice ◽  
The Republic

The article deals with the issues of reforming the law enforcement and judicial system in the protection of constitutional rights and freedoms of citizens, which was raised in recent years by the Head of state Kassym-Jomrt Kemelovich in his Address to the people of Kazakhstan on September 1, 2020. In the system of law enforcement agencies, there is still an accusatory bias from which it is still not possible to get rid of. The stage where the greatest violation of the constitutional rights of citizens involved in the orbit of criminal prosecution occurs is the pre-trial stage of the investigation. Therefore, special attention should be paid to this stage of the criminal process. In addition, a significant layer of problems is not only in the procedural, but also in the organizational and legal sphere. In this regard, the provisions of the CPC of the Republic of Kazakhstan related to evidentiary activities in pre-trial proceedings should be considered in the format of new tasks and updated functions of the pre-trial investigation bodies, the Prosecutor, the investigating judge and the lawyer. If Kazakhstan resolves the question repeatedly raised by the Leader of the nation about the true, rather than illusory, institutional independence of the judge in the administration of justice within the judicial system itself, then procedural and technical problems, including the deformalization of evidence, will become secondary and will be resolved in a fair trial without the influence of the materials of the criminal case in any form.

Features Of The Application Of Administrative Restrictive Measures By Law Enforcement Agencies In Maintaining Public Order During Public Events

2020 ◽  
Vol 02 (10) ◽  
pp. 77-83
Author(s):  
Khudoyberdiev Abdurashid Abdirasulovich ◽  
Keyword(s):  
Law Enforcement ◽  
Local Government ◽  
Security Requirements ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
Public Places ◽  
Public Events ◽  
Administrative Area ◽  
The Republic ◽  
Restrictive Measures

The article Peculiarities of application of administrative restrictive measures by law enforcement agencies to ensure public order and safety during public events The system of principles of protection of public order and safety consists of socio-legal and organizational-legal principles. Practical measures on the passport system in the areas where the public event is held, ie inspections of compliance with the rules of the passport system in the administrative area served, enterprises, organizations, institutions, railways, bus stations, car farms, hotels, camping, sanatoriums , control over the application of the passport-visa system in tourist bases. Taking into account the implementation of measures to restrict and prohibit traffic in public places to ensure public order and safety, the issue of restricting or stopping traffic in public places is carried out on the basis of a decision of the local government on the proposal of law enforcement agencies. The powers and rights of khokims set forth in Article 25 of the Law of the Republic of Uzbekistan "On Local Government" of September 2, 1993 should include the organization and control of compliance with security requirements for the organization and organization of public events, wedding venues.

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