PROPERTY SECURITY IN FIGHTING AND COUNTERACTING ECONOMIC CRIMES

2021 ◽  
Vol 140 (4) ◽  
pp. 100-115
Author(s):  
LESZEK DOMAGALSKI

The article presents the function of property security in fighting against economic, organised and fi scal crimes. Attention is paid to the services and authorities forming the three pillars of the asset recovery system, the unit responsible, among others for collecting and processing information about assets constituting benefits from illegal or undisclosed sources included in the structures of the General Police Headquarters, the Prosecution Service and the General Inspector of Financial Information. The changes introduced by the Act of 23 March 2017 amending the Act – Penal Code relate to so-called extended confiscation. The essence of the new legal regulations and the importance of extended confiscation based on legal presumptions have been presented. The Act of March 1, 2018 on counteracting money laundering and fi nancing terrorism and its importance for the recovery of property and preventing crimes detrimental to the economic security of the state has also been interpreted.

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.


2021 ◽  
Vol 58 (2) ◽  
pp. 164-178
Author(s):  
Jacek Charatynowicz

Aim: The aim of this article is to present the conclusions of a research conducted in the area of identifying threats to the economic interests of the state related to the trading of cryptoassets, as well as the presentation of legal solutions functioning in the cryptoasset environment and possible remedial actions to be taken by the state authorities competent in this regard. Introduction: Due to the technological features, undefined legal status, regulatory and organizational risks of this instrument, the threats related to the trading of cryptoassets are one of the most important current threats from the point of view of the economic security of the country. They are identified both by domestic and foreign financial market supervision authorities, tax and law enforcement authorities, and those dealing with counteracting money laundering and the financing of the terrorists. The article presents the identified risk areas, legal regulations in the field of trading in these assets, and regulatory perspectives. An attempt was also made to describe the actions necessary to be taken to mitigate the threats. Methodology: In this work, theoretical research was used, such as: analysis of literature, on legal and strategic studies as well as industry literature, synthesis, generalization and inference. In addition, analysis was carried out of the legal acts related to the regulation of the market of cryptoassets, international strategic documents describing this market and the Polish financial supervision. Draft legal acts of a legislative nature were also presented. Conclusions: The market of cryptoassets is subject to constant legal, organizational and institutional transformations. Its socio-economic environment is also changing. Due to the characteristics of cryptoassets, their dispersed and unregulated nature, institutions of this market, both entities participat - ing in transaction brokerage, as well as natural persons, can be used for money laundering, concealing property from various forms of crime. However, the identified vulnerabilities do not pose a significant threat to the economic security of the country – they are of a sectoral nature. The relevant state institutions undertake specific activities in order to counteract threats, both of a legal, institutional and organizational nature. Keywords: cryptoassets, threats to economic security, legal regulations in the area of cryptoassets, counteracting money laundering and financing of terrorism, mitigation of threats related to cryptoassets Type of article: review article


2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Наталья Голованова ◽  
Natalya Golovanova

This article provides some insight into foreign states’ regulation of seized property and weaknesses and opportunities for increasing effectiveness of existing regimes. Asset confiscation through proceeds of crime legislation, as well as assets originated from corruption, has taken on a new lease of life over the past few years. The main object of criminal proceeds confiscation laws is to divestiture the financial gain derived from criminal activity and to relinquish it to the state. The author evaluates the legislation and practice in the framework of regulation of seized property in Europe, USA and Australia, and lays stress on social reuse of propriety. In author’s opinion, Italian experience in transferring confiscated assets to local authorities in favour of the society is especially interesting for Russia. It is noted that besides achieving the common goal to seize illicit assets from criminals to the subsequent payment of compensation to victims of crime, to fight against organized crime, terrorism and economic crimes, it is important to create an economically viable asset recovery system, preserving their value in the interests of the state, society and victims, as well as ensuring accountability, transparency and public confidence in the system of asset recovery.


Author(s):  
S. P. Khrustaleva ◽  
K. S. Krivyakin ◽  
M. S. Lutsenko ◽  
O. O. Shendrikova

Crimes in the field of economic activity have become so common in society that crime in the economy has become the norm in the behavior of business entities. Economic crime in Russia at the present stage has reached such a scale that it really threatens the national security of the state. All this requires a detailed study of the individual elements of a crime in the sphere of economic activity and determination of methods for preventing economic crimes. Ensuring the economic rule of law is a guarantee of ensuring the economic security of the state in the future. Economic crimes committed at enterprises of various patterns of ownership are considered. The main type of economic crime is the misappropriation of assets (property), bribery and corruption are in second place, and finally, the third type of common economic crime in 2019 is procurement fraud. The amount of damage from economic crimes in large enterprises ranges from 100 thousand to 1 million US dollars. The main tools for detecting economic crimes in Russia are: the activities of the internal audit and economic security services; information technology protection and financial security of the enterprise; reporting suspicious transactions; the activities of the enterprise to manage the risks of losses from fraud. It is proposed to identify four levels of economic security of the enterprise: critical, low, medium and high. The optimality of the processes for managing economic and information security of PJSC VASO was assessed, which made it possible to single out the main functional components of the overall security of industrial enterprises. A comprehensive assessment of the level of economic threats of PJSC “VASO” as of 2019 was carried out.


2016 ◽  
Vol 10 (2) ◽  
pp. 257
Author(s):  
Jolanta Pacian ◽  
Anna Pacian

Fighting the Crime of Money Laundering in the Context of Legal RegulationsSummary The goal of the paper is to present legal regulations preventing the crime of money laundering. Legal acts describing the crime of money laundering are the following: act of June 6, 1997 of the Criminal Code; act of November 16, 2000 on preventing the introduction into the financial turnover of property which comes from illegal or unknown sources. Appointing a special financial body called the General Inspector of Financial Information imposes new obligations on financial institutions and provides many criminal sanctions for the violation of regulations. The act concerns financial means and property coming from illegal sources, that is criminal activity, as well as from unknown sources. A systemic look at current legal regulations should make the legislator elaborate on more efficient ways of fighting the crime of money laundering.


2021 ◽  
Vol 258 ◽  
pp. 05005
Author(s):  
Kirill Ameleshin ◽  
Gennadiy Pryakhin

Every year, dozens of banks are revoked in Russia, and the main reason for revoking the license is the violation of legislation in the field of countering the legalization of proceeds from crime and the financing of terrorism (hereinafter referred to as AML/CFT). In this regard, it is increasingly important to identify banks that have an unstable financial condition, are potentially aimed at withdrawing funds, and are involved in dubious transactions aimed at legalizing criminal funds. This article is aimed at showing what tools the participants of the monetary sphere can use to analyze credit institutions for participation in dubious transactions with the purpose of money laundering. The results of this work will be a comparison of the current little-known and not widely used coefficients with the author's indicator, which should show the bank's ability to operate effectively during the period of mass outflow of funds. Based on the results of applying these coefficients, you can make sure that the bank is reliable and that your own savings are safe, all of which has a positive impact on the economic security of the state.


Yuridika ◽  
2013 ◽  
Vol 28 (3) ◽  
Author(s):  
Toetik Rahayuningsih

The promulgation of the Law No. 8 Year 2010 on the Prevention and Eradication of Money Laundering creates a fundamental advancement of law enforcement in the field of criminal law. The fundamental change includes; broader change of the authority of PPATK to investigate suspicious transactions, blocking delay transaction, recommend surveillance, enforce of administrative sanctions, and conducta joint cooperation on anti money laundering and asset returnsas results of a criminal offence. By the authority PPATKwill be able to maximize its role as focal point in the prevention and eradication of the crime of money laundering and be able to strengthen the cooperation in the event when the suspect rushed out of the country. In the asset recovery program, PPATK plays important role especially in terms of financial information intelligence for the purposes of assets tracing, both on the analysis, and the investigation, prosecution and proceedings in the court.Keywords: authority of PPATK, combating money laundering.


Author(s):  
Maria Perepelytsya

Problem setting. The problem of legalization (laundering) of money and other property acquired by criminal means is of great importance for Ukraine, because the criminalization of the economy is the main threat to the economic security of the state. In order to successfully combat this negative phenomenon, it is necessary to constantly develop and improve the processes of identification and analysis of financial transactions that are the objects of financial monitoring. Detection of such transactions requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. The list of criteria and indicators of suspicion of financial transactions is large and sometimes ambiguous in terms of its interpretation and application. This issues is important because it is about the scope of law, the subjective rights of participants in financial transactions, the ownership of such persons in their assets and the level of trust in entities that provide financial and other services. The purpose of the research is to study the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. Analysis of resent researches and publications. The solution of problems of legal regulation of the national system of financial monitoring in Ukraine (procedures, methods, risks, criteria, indicators etc.) was devoted to the works of such scientists as A. P. Gavrilishyn, I. M. Patyuta, B. M. Surkalo, O. E. Kostyuchenko, K. A. Kryvulya, Zh. I. Dovgan, I. G. Biryukova, V. M. Berizko and others. However, the issue of classifying financial monitoring objects according to the criteria and indicators of suspicion is important and necessary, because it is on such indicators that all activities in the field of financial monitoring are based and the results of such activities depend on their establishment. Article’s main body. The list of criteria and indicators of suspicion of financial transactions and their classification as objects of financial monitoring is quite wide. Their classification according to the relevant criteria is necessary and enshrined in law, which is important to prevent their unrestricted spread. At the same time, the subjects of state financial monitoring at their own discretion, but taking into account the main requirements of the legislation in the field of financial monitoring, develop and establish the grounds for classifying a financial transaction as an object of financial monitoring. In turn, the subjects of primary financial monitoring at their own discretion, but taking into account the rules and subjects of state financial monitoring, supplement, expand and improve this list in order, on the one hand, to prevent the legalization (laundering) of proceeds from illegal by and their entry into the financial system of the state and, on the other hand, compliance with the subjective rights of customers – participants in financial transactions. Conclusions. The article examines the legal norms in the field of establishment and classification of financial monitoring objects – types of financial transactions depending on the criteria and indicators developed by the subjects of state financial monitoring and supplemented by the subjects of primary financial monitoring. It is concluded that the identification of transactions that are the objects of financial monitoring requires clear criteria and indicators that allow you to quickly and accurately identify among the range of financial transactions those related to money laundering. Risk criteria by type of client, by geographical basis, by type of service (product), by service supply channel (product) are considered. Differentiated indicators of suspicion of financial transactions into indicators related to the activities or behavior of the client, indicators related to the financial operations of the client and indicators for different types of products (services). It is emphasized that the problem of defining clear and standard types of criteria and indicators of financial transactions is important and relevant in the current relations in the field of financial monitoring between the state and the participants of the respective financial transactions.


2017 ◽  
Vol 0 (136) ◽  
pp. 193-204
Author(s):  
Вячеслав Анатолійович Некрасов ◽  
Вадим Іванович Мельник

2020 ◽  
Vol 13 (3) ◽  
pp. 165-173
Author(s):  
T.I. Lomachenko ◽  

The financial and economic crisis caused by the coronavirus pandemic provokes not only unconventional situations in society, but also actively affects the state of economic crime. The criminal situation in the oil and gas complex is directly related to the current state of the economy and digitalization of its processes, a set of conditions and factors responsible for its stability, sustainability and progressiveness of the digital economy. It is not enough to assess the economic criminality of the oil and gas complex only by the number of revealed crimes; therefore, it is necessary to implement an effective economic concept of society and economic security of a particular enterprise, legal entity and individual, which will allow to change the entire cause-and-factor complex causing economic criminality. The article reveals the specific features of the oil and gas complex that contribute to the commission of economic crimes. A classification of factors contributing to the commission of economic crimes is proposed, in which the socio-economic and specific factors of the oil and gas industry are consistently considered, and their characteristics with the growth of economic crimes are given. The scientific novelty of the research consists in the development of the model of preventive measures to ensure economic security at macro-, meso– and micro levels of market economy in the conditions of digitalization. The cause-and-factor complex of economic crimes is considered taking into account the following blocks: political and legal, socio-economic, sectoral, organizational and technological, which are interconnected and actively affect the level of economic crimes. As a result, the main measures to counteract economic crimes are proposed, taking into account the purposeful influence of society, specific enterprise, legal entity and individual on the causes and conditions of ensuring economic security of the state.


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