scholarly journals FINANCIAL MONITORING OF CRYPTOCURRENCY TRANSACTIONS IN THE PUBLIC ADMINISTRATION SYSTEM: FOREIGN EXPERIENCE

2021 ◽  
Vol 06 (04(01)) ◽  
pp. 92-98
Author(s):  
Oleksandr Hrabchuk Oleksandr Hrabchuk

The article examines the current international experience of Japan, Spain, Poland, Bulgaria, and the Republic of Belarus in the development of financial monitoring of cryptocurrency transactions. The methodological basis of the research was general scientific methods of cognition: observation, generalization, comparison, deduction, induction, analysis, synthesis. The article summarizes the models for building a financial monitoring system for transactions with cryptocurrencies: the «observation»model; the «risk minimization»model; and the «prohibition» model. The main characteristics of financial monitoring of transactions with cryptocurrency are determined by the following criteria: regulatory document, state body, punishment for committing a crime. Measures from foreign practice to improve the Financial Monitoring System in terms of the use of cryptocurrency for terrorist financing are defined, which can be taken into account by domestic regulators (in particular, identifying customers and beneficiaries for all transactions with cryptocurrency, regardless of its amount; developing mechanisms for information exchange between the State Financial Monitoring Service and law enforcement agencies; stimulating and supporting the work of the state financial monitoring service; strengthening and expanding international cooperation in the field of countering the financing of terrorism). Keywords: financial monitoring, terrorist financing, public administration, cryptocurrencies, digital assets

2020 ◽  
pp. 82-86
Author(s):  
O.M. Reznik ◽  
A.A. Bertsyukh

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.


2021 ◽  
Vol 19 (1) ◽  
pp. 111-119
Author(s):  
Arman MANUKYAN

The article discusses the interrelated relationship between education and the labour market. The balance of the labour market-university system is considered as the main problem. It is substantiated that today, with the state system's management, it is possible to achieve greater efficiency. In the absence of public administration, employers and universities find it difficult to find systematized solutions independently. The article presents some of the most relevant solutions, which are more practical for urgent correction of the situation.


2021 ◽  
Vol 23 (1) ◽  
pp. 89-118
Author(s):  
YERLAN ABIL ◽  
◽  
AIGUL KOSHERBAYEVA ◽  
MARIAN ABISHEVA ◽  
AIDANA ALDIYAROVA ◽  
...  

The article examines and analyzes the process of the formation and development of the public administration system in the Republic of Kazakhstan. Attention is paid to the period after Kazakhstan declared its independence and the Republic’s secession from the USSR in 1991. The article provides a detailed analysis of the three stages of administrative reform aimed at the formation of a modern system of public administration in Kazakhstan; the work also contains a detailed description of the regulatory documents adopted at each stage. The system of training and education of civil servants in the Republic of Kazakhstan is described in detail; the main element is universities, which are the foundation in the system of training civil servants. The system of civil service and civil service personnel training is shown in the context of the socio-economic and political transformations of the Republic, its fundamental legislative acts and regulations, decisions of the country’s authorities, strategies, and state programs. The authors emphasize the close interconnection between the civil service and civil service personnel training system with the state policy of the Republic of Kazakhstan as an integral and most important part of the state. At the beginning of the article, there is a comparative analysis of the socio-economic development of Kazakhstan, based on information from the official international indices of economic and social development.


2019 ◽  
Vol 59 (2) ◽  
pp. 182-191 ◽  
Author(s):  
Pavel V. Yemelin ◽  
Sergey S. Kudryavtsev ◽  
Natalya K. Yemelina

The purpose of the article is to present an analytical system that allows users to proces data necessary for an industrial risk analysis and management, to monitor the level of industrial safety in a given site, and to fulfil essential tasks within the field of occupational safety. This system’s implementation will make the industrial safety management at industrial sites more effective. Multifactorial, probabilistic, determined models of accidents’ hazard and severity indexes are integrated into the computing core of the Information and Analytical System. Then, statistical methods determine the risk assessment of occupational injuries and diseases. The <em>Information and Analytical System for Hazard Level Assessment and Forecasting Risk of Emergencies in the Republic of Kazakhstan</em> allows users to work efficiently with large volumes of information and form a united analytical electronic report about the state of industrial safety. The main objective of the monitoring system is to conduct a comprehensive analysis and assessment of the state of accidents, traumas and occupational sickness rates at industrial sites, the results being classified by the degree of hazard and insalubrity of manufacture. The introduction of the computer monitoring system in the specialized services of the Emergency Management Committee and the Ministry of Investment and Development of the Republic of Kazakhstan, and at industrial enterprises throughout the country, will allow users to analyse the state of the industrial and occupational safety constantly and objectively; as a consequence, the implementation will go a long way towards comprehensively approaching the task of increasing safety levels at industrial sites.


2020 ◽  
Vol 17 (3) ◽  
pp. 197-210
Author(s):  
Edyta Włodarczyk

The Ministry of Public Administration was established pursuant to the Act of 31 December 1944 on the appointment of the Interim Government of the Republic of Poland. The matters arising from the relations between the State and the Churches and religious denominations were handled by Department V, which in 1946 consisted of two sections addressing Christian and non-Christian denominations, respectively. The Socio-Political Departments in the Provincial Offices, which employed officials responsible for matters relating to religious denominations, were subordinate to Department V. The same held true in Starostwa Powiatowe [County Offices]. In 1947, Department V was divided into three units addressing matters of the Catholic Church, Christian Denominations and Non-Christian denominations, respectively, and one year later still one more department, i.e. the Department of General Matters, was established. Since 1947 matters relating to religious denominations fell within the competences of Department IV. The Department of Religious Denominations in the Ministry of Public Administration from its beginnings was responsible for shaping the policy of the State towards religious denominations. The aforementioned policy was supposed to be concordant with the directives and principles of the communist party. The socio-political reforms conducted by the Ministry of Public Administration in relation to the Churches and religious associations were one of the means of repression, which within the years 1944-1950 was in its initial phase based on the trial-and-error method. However, it was the cooperation of the Ministry with Urząd Bezpieczeństwa Publicznego [Public Security Office], and later the establishment of Urząd ds. Wyznań [Office in charge of Religious Denominations] in 1950 which changed and regulated actions of the communist authorities towards the Churches and religious associations in Poland regarding the matters concerning the relations between the State and the Church and religious associations. From then on the competences to date of Department IV of the Ministry of Public Administration were transferred onto the Office in charge of Religious Denominations.


Author(s):  
Tetiana Chasova

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.


Author(s):  
Ēriks Treļs

2019. gada 5. martā Eiropas Komisija pret rasismu un neiecietību (The European Commission against Racism and Intolerance, ECRI) publicēja Piekto ziņojumu par Latviju. Tajā, atsaucoties uz Tiesībsarga biroja un nevalstisko organizāciju sniegto informāciju, norādīts, ka naida kurināšanas upuri bieži vien neinformē policiju par notikušo, jo viņiem nav pārliecības par tiesībaizsardzības iestāžu vēlmi vai spēju efektīvi izmeklēt šos notikumus, tādēļ tiek rekomendēts Valsts policijai izveidot speciālu struktūrvienību darbam ar mazāk aizsargātajām sabiedrības grupām. Iepriekšējā ziņojumā, kas tika publicēts 2012. gada 21. februārī, ECRI norādīja, ka par šāda veida noziegumiem piespriestie sodi (ar dažiem izņēmumiem, kad tika piemēroti sodi, kas saistīti ar brīvības atņemšanu) Latvijā ir pārāk saudzīgi. Rakstā tiek skaidrots, kā šajā jomā mainījusies situācija pēc ECRI Ceturtā ziņojuma publicēšanas. The European Commission against Racism and Intolerance (ECRI) on 5 March 2019 published Report on Latvia (fifth monitoring cycle). Non-governmental organisations, minority representatives and Ombudsman of the Republic of Latvia indicated to ECRI that victims of hate speech do not often report incidents to the police due to lack of trust in the willingness or ability of the law enforcement agencies to investigate these cases effectively. ECRI recommends, as a matter of priority, that the authorities establish a unit within the State Police tasked with reaching out to vulnerable groups in order to increase trust in the police and address the problem of under-reporting of hate crimes. In 2012, the ECRI pointed out that penalties for racist violence (with a few exceptions, the imposition of custodial penalties) in Latvia are too lenient. Therefore, the author offers his vision of the actual situation and how things have changed since the fourth ECRI Report on Latvia.


2019 ◽  
Vol 16 (1 (3)) ◽  
pp. 19-36
Author(s):  
Beata Kozicka ◽  
Ewa Pierzchała

Opus iustitiae PAX – the properly shaped dimension of justice is a guarantee of peaceful – not based on a conflict and violence – relations between citizens and the state. These words fully reflect the leading thought of this study. It is the concern for a good law and a state governed by the rule of law, which lies at the foundation of actions taken within the scope of legal means by the Prosecutor’s Office that – as the “custodian of law” – is entitled to in the sphere of control over administration. Administrative courts execute justice as a separate part of judicial power. Justice and law are conditions for an effective state, good governance and social peace, which have accompanied us for centuries. Administrative courts uphold the principle of equality before the law, which is regulated by Art. 21, par. 1 of the Constitution of the Republic of Poland. Since it is administrative courts which – by performing tasks of control over the activity of public administration – become the guarantee of realization of the above-mentioned principle, their position and range of cognition in the situation of launching administrative-court proceedings by the Prosecutor were presented in the work.


2021 ◽  
Vol 14 ◽  
pp. 21-48
Author(s):  
Ringolds Balodis ◽  

The article is dedicated to the mechanism for protecting the Satversme [Constitution] of the Republic of Latvia (hereafter – the Satversme) – procedure for amending it and elements thereof – restrictions (quotas of participation, approval, readings, etc.), examining the amendments to the general and basic articles, as well as the theory of core. The parliament and the people may amend the Satversme in a referendum, therefore the article also turns briefly to the institution of the people’s vote or plebiscite or referendum (Latin – referendum). The article aims to elucidate the effectiveness of the procedure for amending the Satversme and provide answers to the following questions: (1) Whether the procedure for amending the Satversme ensures protection of the national constitutional order on sufficient level and does not permit introduction into the Satversme of ill-considered or antidemocratic proposals; (2) Whether the legislator, aiming to ensure constitutional stability, has not set the exaggeratedly high quorum of voters’ participation in the referendum for all articles of the Satversme and whether the mechanism of referendum in Latvia has not become incapable of functioning? In the framework of the article, the author also will try to reach concrete proposals that would improve the procedure for amending the Satversme, would increase citizens’ involvement in the matters of public administration, which, in turn, would reinforce the people’s trust in their State. In considering the proposals, the author will focus also on the issue of national security because amendments to the Satversme and referendums, clearly, may be used as factors for destabilising the State.


Author(s):  
Andrejs Gvozdevičs

The Ministry of Justice of the Republic of Latvia is a leading public administration in the justice sectors and plays an important role in the development of the procedure of the securing a claim. Topicality and novelty of the research are reflected in the fact that until now in the legal doctrine weren’t made depth and extensive researches of the role of public administration in solving problems of the securing a claim. The aim of the research is to carry out an assessment of the activities of the Ministry of Justice in the development of the securing a claim. In the present research, using the analytical, descriptive and deduction/induction method, were analysed the normative acts, legal policy planning documents, annotations of draft amendments to the Civil Procedure Law, etc. Results: actions of the Ministry of Justice to develop the securing a claim sometimes are chaotic. Conclusions: in order to achieve the defined objectives of the institute of the securing a claim, the state should pay attention to the systematic improvement of current civil procedural regulation. 


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