ANALYSIS OF THE JOINT ACTIVITIES OF LAW ENFORCEMENT BODIES AND THE STATE FINANCIAL INTELLIGENCE SERVICE OF THE KYRGYZ REPUBLIC IN THE PROCESS OF COUNTERING THE LAUNDERING OF CRIMINAL PROFITS

2021 ◽  
Vol 21 (7) ◽  
pp. 13-20
Author(s):  
V.E. Batyukova ◽  
◽  
N.A. Asylbaev ◽  
A.B. Asylbaev ◽  
◽  
...  
2019 ◽  
Vol 19 (3) ◽  
pp. 198-203
Author(s):  
Adilet Merkanov ◽  

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so that the human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.


2019 ◽  
Vol 19 (3) ◽  
pp. 193-197
Author(s):  
Adilet Merkanov ◽  

Nowadays in Kyrgyz Republic take a place huge reforms of prosecutors. The implementation of national projects requires a new quality of prosecutorial oversight so thatthe human rights and law enforcement potential of the prosecutor’s office really contributes to the development of a democratic rule of law. The prosecutor's office as one of the state legal institutions plays an extremely important role in the public and state life of the Kyrgyz Republic. As you know, the successful implementation of socio-economic and socio-political transformations in the state largely depends on existing laws, the observance of which the prosecutor's office is called upon to monitor.


Author(s):  
Svitlana Priymak ◽  
◽  
Svitlana Goncharuk ◽  
Yuliia Mosolova ◽  
◽  
...  

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.


2021 ◽  
pp. 102-106
Author(s):  
M.S. Utkina

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.


Author(s):  
Alexandr V. Izmalkov ◽  
Alexander A. Kuznetsov ◽  
Pavel A. Kuznetsov ◽  
Ella Y. Kuzmenko

We analyze the law enforcement practice of judicial authorities on taxes and fees, since the Tax Code of the Russian Federation is a rather controversial regulatory legal act. Tax disputes arise both at the initiative of tax authorities and at the initiative of taxpayers. Purpose: to determine the main directions of law enforcement practice of courts in tax disputes. We use general scientific and specially legal methods as research methods. The focus is on the method of analysis. In the course of the research, we analyze the con-sideration of cases by judicial authorities on tax disputes, their quantitative and qualitative characteristics. We conclude that the emergence of disagree-ments between taxpayers and the state body when resolving the issue of the legality of their actions (inaction), as well as the legality of a non-normative legal act is the main reason for the formation of law enforcement practice in tax disputes. During the passage of all stages of the application of the law, it is also necessary to establish the existence of a cause-and-effect relationship between the actions of the taxpayer and the resulting consequences. The main points of this process go through several stages. We define the main directions of the law enforcement practice of courts in tax disputes.


Author(s):  
Олег Игоревич Денисенко ◽  
Оганнес Давитович Мкртчян

В связи с увеличением числа преступлений террористической направленности разрешения требуют вопросы, связанные с обеспечением объектов (территорий) УИС инструментами антитеррористической защищенности, к которым можно отнести такие, как проведение организационно-практических мероприятий антитеррористической защиты объектов УИС, наличие соответствующей документации и ответственного должностного лица, выполнение режимных требований на объектах УИС в соответствии с законодательством РФ, а также обеспечение контроля за количественными и качественными характеристиками эксплуатируемых инженерно-технических средств охраны и надзора. Актуальность проводимого исследования обусловлена необходимостью качественной реализации в правоприменительной практике совокупности требований обеспечения мероприятий по обеспечению антитеррористической защищенности объектов (территорий) УИС с целью защиты прав и интересов всех субъектов уголовно-исполнительной системы от террористического посягательства. Авторами выявляются проблемы правового и организационного уровня при оценке состояния антитеррористической защищенности объектов УИС: формализм при проведении обследований, недостаточный уровень оснащенности объектов УИС инженерно-техническими средствами охраны и надзора, а также финансирования для удовлетворения нужд объектов УИС в части обеспечения антитеррористической защищенности. Помимо прочего упоминаются такие проблемы, как отсутствие унифицированных принципов организации деятельности комплексных комиссионных обследований, разработанных с учетом современных правоприменительных норм и запросов практики, а также обосновывается необходимость повышения компетентности сотрудников ФСИН России при проведении комплексных комиссионных обследований. In connection with the increase in the number of terrorist crimes, the resolution requires issues related to the provision of facilities (territories) of the penal system with anti-terrorist security tools, which include such as the implementation of organizational and practical measures for the anti-terrorist protection of the penal system, the availability of appropriate documentation and a responsible official, the implementation of regime requirements at the facilities of the penal system in accordance with the legislation of the Russian Federation, as well as ensuring control over the quantitative and qualitative characteristics of the operating engineering and technical means of protection and supervision. The relevance of the study is due to the fact that in law enforcement practice, a high-quality implementation of the set of requirements for ensuring the anti-terrorist protection of objects (territories) of the penal system is required so that the rights and interests of all subjects of the penal system in terms of protection from terrorist encroachment are observed. The authors identify the problems of the legal and organizational level when assessing the state of anti-terrorist security of penal facilities: formalism in conducting surveys, insufficient equipment of penal facilities with engineering and technical means of protection and supervision, as well as the level of funding to meet the needs of penal facilities in terms of ensuring anti-terrorist protection. Among other things, such problems as the lack of unified principles for organizing the activities of complex commission surveys, developed taking into account modern law enforcement norms and practice requests, are mentioned, as well as the need to improve the competence of employees of the Federal Penitentiary Service of Russia when conducting comprehensive commission surveys is substantiated.


The article deals with the situation in the city of Kharkiv at the end of 1918. At this time, Ukraine was experiencing the completion of one more historical stage, preparing for new, more turbulent and tragic events. German troops which have been the guarantors of security of the state over the past ten months were evacuated from its territory, a popular uprising broke out against the hetman Pavlo Skoropadsky, the republican authorities that recognized the Directory were forming slowly, local Bolsheviks and other left-wing groups were getting noticeably more active. In December 1918 all these forces were represented in the provincial Kharkiv. Some of them, for example, the German command and the hetman's guard, tried to transfer power to their successors in an organized manner. Others, on the contrary, tried to get to the controls as soon as possible. This multi-power lasted about a month, which became a real ordeal for the inhabitants of the city. Kharkovites tried to figure out a kaleidoscope of political developments, a variety of orders and decrees, the intricacies of official information and street rumors. Meanwhile, the criminal situation became more and more threatening: gangs of looters raged in rural districts, and shots were fired more often in Kharkiv itself. In the second half of December, the number of the city shops robberies became impressive. At that time, several influential forces were engaged in law enforcement: the German commandant’s office, the hetman’s guard, Directory fighters and socialist squads. However, all their efforts did not give the desired result, and ordinary Kharkovites were forced to organize self-defense units to protect their own homes. The culmination of anarchy in the city was the Bolshevik uprising on January 1–2, 1919, as a result of which Kharkiv was captured by armed units of the Red Army.


Author(s):  
Komang Ekayana

Corrupted state assets certainly hurt the country narrowly, but also broadly where it harms the country and its people. However, the formal approach through the current criminal procedure law has not been able to recover the losses suffered by the state. In fact, state losses resulting from corruption are state assets that must be saved. Then there needs to be a new breakthrough to recover state losses through the asset recovery model. When looking at the country from the perspective of the victims, the state must obtain protection, in this case recovery from the losses suffered due to corruption. This paper examines the model of returning assets resulting from corruption in the law enforcement process that focuses on the rule of law in the 2003 UNCAC Convention and the mechanism of returning state assets in terms of Law No. 20 of 2001 concerning amendments to Law No. 31 of 1999 concerning Eradication of Corruption Crimes. 


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