Analysis of the composition of the crime provided for by article 174 of the Criminal code of the Russian Federation

Размещено на http://www.allbest.ru/

Размещено на http://www.allbest.ru/

Content

Introduction

1. Analysis of the composition of the crime provided for by article 174 of the Criminal code of the Russian Federation

1.1 Objective signs of legalization (laundering) of money or other property acquired by other persons by criminal means

1.2 Subjective signs of legalization (laundering) of money or other property acquired by other persons by criminal means

2. Legal bases of counteraction to legalization (laundering) of money or other property acquired by other persons by criminal means

2.1 The legal basis of counteraction of legalization (laundering) of money or other property acquired by other persons by criminal means in the Russian Federation……………………………………………….12

2.2 International legislation in the field of combating the legalization (laundering) of money or other property acquired by other persons a criminal way

Conclusion

From the writings of the sources used



Introduction

legalization money criminal

The relevance of the chosen topic is due to the fact that currently, due to changes in legislation, thereis a need to regulate relations in criminal law.

The object of research isтся the norms of criminal lawthat arise, change and terminate in the process of applying the criminal law.

The subject of the research is the system of norms in the field of criminal lawregulating criminal liability for acts under art 174 of the criminal code; other regulations; legal literature on the research topic.

The purpose of this work is a comprehensive study of the norms of criminal law, determining the essence and essential features of these norms.

The purpose of the study determined the following tasks:

1. Identifysubjective signs of legalization (laundering) money or other property acquiredby other persons throughillegal means;

2. Identify сsubjective signs of legalization (laundering) money or other property acquiredby other persons throughillegal means;

3. Identify thelegal basis for countering the legalization (laundering) of money or other property acquired by other persons through criminal means in the Russian Federation;

The theoretical basis of the research consists of scientific works of domestic specialists in the field of criminal law, such as O.G. Karpovich, O.A. Hakobyan.

The regulatory framework for the study was as follows Criminal code of the Russian Federation (further - the criminal code), the Civil code of the Russian Federation (further - GK of the Russian Federation).

The structure of the work consists of an introduction, two chapters divided into paragraphs, conclusions, and a summary of the literature used.



1. Analysis of the composition of the crime provided for by article 174 of the criminal code of the Russian Federation

1.1 Objective signs of legalization (laundering) of money or other property acquired by other persons by criminal means

The generic object of crimesunder articles 174 and 174CC, is the sphere of economy, which is understood as a single Narsingle-economic complex.

In the theory of criminal law, there are several approaches to determining the specific object of crimes in the sphere of economic activity.

The most reasonable position seems to be that the specific object of economic crimes and, accordingly, crimes related to the legalization of criminal proceeds, is a set of social relations that arise in order to carry out legitimate economic activities for the production, distribution, exchange and consumptionof material goods and services.

Obligatory sign of the offences preduktorny 174 and article 174 of the criminal code, is the subject of the offense, which refers to money or other property acquired by criminal means, that is, in the Commission of any crime, except as provided by article 193, 194, 198-199 of the criminal code.

As already mentioned, the exception for these articles of the criminal code is due to the need to bring Russian legislation into line with international law, in particular with article 18 of the Strasbourg Convention, which provides for the rule that cooperation and legal assistance may be refused if the offence for whichthe request is made is a tax one.

Itshould be noted that according to article 174 Criminal code as amended by Federal law No. 60-FZ of April 7, 2010, the subject of this composition of legalization is money or other property in a large amount, that is, in an amount exceeding six millionrubles (note to article 174 of the criminal code).

The original version of article 174 of the criminal code contained an indication of the illegality of legalized income, which meant that it was obtained not only as a result of committing crimes, but also as a result of other offenses. However, this caused serious difficulties in determining the subject of the crime, although more than 70% of practitioners attributed to it only the income received as a resultof criminal activity.

In addition, previously it was not about money and other property acquired by criminal means, but about income. However, this term should be considered unfortunate. First, revenue means the difference between revenue and expenses included in the cost of production, with the exception of labor costs. Secondly, it is not clear what is meant by «income» from the offences. For example, property obtained illegally is invested in the authorized capital of a legal enterprise that legally and quite successfully conducts its activities. The offense resulting in the illegal acquisition of property was detected and disclosed after the registration and start of operation of the named enterprise. On the one hand, only the specified property should be considered as the proceeds of an offense. On the other hand, this property served as the basis for obtaining further benefits, which in the end cannot be considered unconditionally legitimate.

Thus, the wording of the subject of legalization as money or other property acquired by criminal means is the most successful and corresponds the requirements of international legal acts.

Monetary funds in articles 174 and 174 of the criminal code are understood to be cash and non-cash money in Russian and foreign currency.

To the currency The Russian Federation includes:

1) rubles in circulation, as well as withdrawn or withdrawn from circulation, but subject to exchange in the form of Bank notes (banknotes) of the Central Bank of the Russian Federation and metal coins;

2) funds in rubles on accounts with banks and other credit institutions of the Russian Federation;

3) means in roubles on accounts in banks and other credit institutions outside the Russian Federation under the agreement between the Government of the Russian Federation and the Central Bank of the Russian Federation with the relevant authorities of the foreign state about use in territory of the state of the Russian currency as legal tender (article 1 of the Federal law dated 10 December 2003 No. 173-FZ «About currency regulation and currency control»).

Foreign currency is monetary signs in the form of banknotes, Treasury notes, coins in circulation and being legal means of payment in the relevant foreign state or group of States, and also withdrawn or withdrawn from circulation but subject to exchange currency notes, balances in monetary units of foreign States and international monetary or settlement units (article 1 of Federal law dated 10 December 2003 of the year «About currencyregulation and currency control»).

It should be noted that civil legislation considers money as one of the varieties of things (article 128CIVIL CODE OF THE RUSSIAN FEDERATION). By virtue of clause 2 of article 130 of the civil code, things that do not relate to real estate, including money, are recognized as movable property that does not require state registration. In the process of introducing money into economic circulation (including in the process of its legalization), it inevitably gets to banks and there, without losing its value and solvency, it is depersonalized and transferred to a non-cash (electronic) form used for further settlements andtransfers to Bank accounts.

In addition to monetary funds, the subject oflegalization can be other property, which should be understood as securities, precious stones and metals, other movable and immovable property (car, land plot, building).

The objective aspect of crimesunder articles 174 and 174 of the criminal code, after the amendments introduced by Federal law No. 60-FZ of April 7, 2010, is defined in the same way and characterized by actions in the form of financial transactions and other transactions with money or other property acquired by criminal means.

It should be noted that the legalization of criminal proceeds is a complex process that includes many elements. Knowledge of the designated process is necessary for the purpose of organizing the process of countering the legalization of criminal proceeds in an appropriate manner.

According to the construction of the objective side, the elements of crimes provided for in articles 174 and 174 of the criminal code are formal.

At thesame time, liability under article 174 or 174 of the criminal code also occurs in cases when the guilty person has committed only one financial transaction or one transaction with money or property acquired by criminal means (paragraph 19 Ofthe suspension of the Plenum of the Supremecourt of the Russian Federation of November 18, 2004).

In the science of criminal law, a question arose about the possibility of preparing and attempting to legalize (launder) criminal proceeds. Analysis of the elements of crimesprovided for in articles 174, 174 The criminal code makes it possible to consider the following actions as an attempt at legalization:

1) start of execution of a financial transaction with moneyobtained by criminal means;

2) the beginning of actions aimed at concluding a transaction with which the law relates the emergence, modification and termination of the rights and obligations of participants in civil law relations;

3) introduction into circulation of part of criminally obtained funds or other property, sale of part of goods, incomplete performance of works or rendering of services stipulated by previously concluded contracts;

4) partial use of monetary funds or other property acquired by a person as a result of the Commission of a crime for carrying out economic activities aimed at achieving other goals.

At the same time, actions that are covered by the intent of the legalizer arenot completed due to circumstances beyond their control. Attempts to legalize money or other property must be qualified under part 3 of article 30 of the criminal code and article 174 or 174 of the criminal code.

Another type of incomplete legalization is preparation for giving legal form to money or other property acquired by criminal means. In accordance with part 2 of article 30 of the criminal code punishable preparation for a crimem envisaged in article 174 and 174 of the criminal code, are the prep steps to financial transactions, execution of transactions and the use of proceeds for the exercise of entrepreneurial or other economic activities, there isnye part 3 and 4 of article 174 and part 3 of article 174 of the criminal code, as these types of preparatory actions related to seriousm and especially grave crimes.

Preparatory actions for the legalization of criminally acquired funds orproperty may be performed by the following persons:

1) search for accomplices to give a legitimate appearanceto illegally acquired income;

2) collusion to perform banking operations, transactions with securities, to transfer funds abroad or to make deposits in banks with their subsequent return, to Deposit money, securities, or other property in the authorized funds of legal entities;

3) manufacture of means of customs identification for carrying out the movement of currency and currency valuables across the customs border of the Russian Federation and creation of other conditions conduciveto the legalization of criminal proceeds.

Preparation of legalization should be qualified according to the rules of an ideal set - part 1 of article 30 of the criminal code andcivil procedure code.3 or 4 of article 174 of the criminal code or part 3 of 174 of the criminal code.

1.2 Subjective signs of legalization (laundering) of money or other property acquired by other persons by criminal means

СуThe subjective side of crimesunder articles 174 and 1741 of the criminal code is characterized by direct intent. At the same time, the person is aware that he is making transactions and other transactions with money and other property acquired as a result of the Commission of a crime, andis willing to commit these actions.

The peculiarity of the description in article 174 of the criminal code of the intellectual moment of intent is an indication заведомостьof knowledge, which means that the perpetrator is reliably aware that he is legalizing money or other property acquired by another person as a resultof the Commission of a crime.

Until recently, the absence in article 1741 of the criminal code of such a feature of the subjective side of the crime, as the purpose of making lawful the possession, use or disposal of the subject of the crime, created difficulties in law enforcement activities. Often, the courts recognized as legalization (laundering) the purchase of goods with money acquired by criminal means, or the use of items of legalization for economic needs in the actual absence of actions on laundering. So, according to the decision of the Leninsky district court ofa city of Saransk of Republic Mordovia from 28 may 2020 in the case No. 2A-795/2020 «withtatami 174, 174.1 of the Criminal code of the Russian Federation establishes criminal responsibility for the Commission of financial operations and drugix transactions with monetary funds or other property, forthe knowledge acquired by the other whethertsami illegally and acquired through the Commission of a crime».

Theobjective aspect of crimes under articles 174 and 1741 of the criminal code is characterized by direct intent and the purpose of making lawful the possession, use and disposal of money or other property acquiredby criminal means.

The subject of the crimeprovidedfor in article 174 of the criminalcode is a sane individual who has reached the age of 16 and has not received money or other propertyby criminal means.

The subject of a crime in article 174 of the criminal code is a sane natural person who has reached the age of 16 and who has obtained thespecified items by criminal means.

In those cases where a person has acquired funds or other property as a result of the crime and used the money or other property for financial transactions and other transactions, committed by that person is subject to qualification on set of crimes (such as bribery, theft, fraud and how the legalization (laundering) of monetary environmentsSTV or other property) (clause 23 Pthe termination of Plenum of the Supreme court of the Russian Federation of 18 November 2004).

2. The legal basis of counteraction to the legalization (laundering) money or other property acquired by other persons through criminal means

2.1 Legal bases for countering the legalization (laundering) of money or other property acquired by other persons through criminal means in the Russian Federation

The need to counteract the legalization(laundering) of illegally obtained income has been recognized in Russia for a long time, but the legal framework for combating the laundering of illegally obtained income has long been fragmented and existed in the form of separate articles in various legislative acts and recommendations to creditorganizations on the organization of their work.

Formation of legal base of the Russian system of combating money laundering began with the adoption of the Criminal code of the Russian Federation 1996, article 174 which provide for liability for the Commission of financial operations and other transactions with monetary funds or other property knowingly obtained in illegal way, as well as for the use of such funds or other property for entrepreneurial oreconomic activities.

Upon joining the Council of Europe, on 7 may 1999, Russia signed the Strasbourg Convention on laundering, search, seizure and confiscation of the proceeds from crime of 8 November 1990, which was ratified by the stateDuma on 28 may 2001.

As a follow-up to this international act, Federal lawNo. 115-FZ of August 7, 2001 was adopted «On countering the legalization (laundering) of proceeds from crime and financing of terrorism».

In parallel with the adoption of this normative legal act by Federal law of 7 August 2001 №121-FZ changes were made to the criminal code, in two articles which was establishes liability for the legalization (laundering) of money or other property in the large size acquired by criminal means by other persons (withT. 174) and the guilty (article 174).

Thus, the Russian criminal legislation has been brought into line with the Strasbourg Convention, in particular, the subjectof the offences provided for in articles 174 and 174 of the criminal code is considered to be income derived from the Commission of crimes, and not acquired knowingly illegally. In addition, the objective side of legalization (laundering) of proceeds of crime, the legislator has divided depending on the subject of a crime and provided for in article 174 of the criminal code liability for the financial transactions and other transactions in a large size person, which is the income the criminalby not received, and in article 174 of the criminal code - for the use of such funds or other property for entrepreneurial or other economic activities. Mandatory in article 174 of the criminal code, a sign of the subjective side becomes the purpose of making lawful the possession, use and disposal of money or other property acquired by eachother by criminal means.

Thus, due to Russia's signing on November 26, 2009 of a new version of the Strasbourg Convention - the Warsaw Convention on laundering, financing of terrorism, detection, seizure and confiscation of the proceeds of crime of 2005-amendments to our legislation will be required, especially in terms of regulating the banking sector. Among the new rules that may appear in Russian legislation, we should note the suspension of operations on suspicion of their connection with money laundering (currently such a requirement applies only to the financing of terrorism), as well as the establishment of a monitoring regime for the accounts of certain individuals.

In addition, on 19 March 2010 the Russian State Duma considered in the second reading the draft law, which envisages, in particular, the inclusion in article 174 of the criminal code with the aim of giving lawful appearance to possession, use and disposal of monetary funds and other property acquired by criminal means, in order to, as stated in the explanatory note to the document, to address certain difficulties arising from a law enforcement authority in the appointment guilty punishments on set of crimes and judicial errors in sentencing, a broad interpretation of this rule, that is not conducive to the implementation of the state policy in the sphere of fight against corruption.

Federal law No. 60-FZ of April 7, 2010 «174 of the criminalcode of the Russian Federation was set out in a new version, according to which such a qualifying feature as a large size from the category of qualifying was transferred to the category of constructive features of the specified corpus delicti. In addition, a mandatory feature of the subjective side of this crime was the purpose of making lawful the possession, use or disposal of money or other property acquired by a person through criminal means.

Thus, it seems that at present Russia has a fairly effective legal framework for countering the legalization (laundering) of proceeds from crime.

2.2 International legislation in the field of combating the legalization (laundering) of money or other property acquired by other persons through criminal means

The history of legislation aimed at combating money laundering is connected with the awareness of the danger of injecting funds obtained as a result of crimes into the legal economy. If these funds become comparable to the income of large corporations, then they can affect the stability of the global financial and economic systems, become a serious risk factor, which can only be effectively counteracted within the framework of the strategy of threatening criminalprosecution.

The past century can be described as a period of strengthening the international fight against criminal phenomena that cause damage not only to society and individual States, but also to the entire world community as a whole. It should be noted that the creation of new international criminal law norms and their adoption occurred with considerable delay, which sometimeslasted for several decades.

The international practice of fighting crime and the work of criminologists in the field of international criminal law led to the fact that the number of acts recognized as criminal increased from decade to decade.

International legislation on liability for the legalization of criminally acquired incomehas been developed in three stages.

At the first stage, international legislation was aimed at combating a variety of criminal acts that threatened the state's monopoly in the field of money issuance, as well as public health (1920s-1970s). This stage is marked by relatively free entry into circulation of proceeds of crime. They were sent both to legal business and to expand the criminal trade. The absence of a legally established concept of money laundering, given the existence of methods and methods of using such proceeds in the criminal world, gave criminals great advantages over other persons in legal business, as the future fate of income that did not fall into the field of law enforcement agencies, the international community and individualStates were not interested.

One of the most profitable crimes at that time was the forgery of banknotes (Bank notes), to combat which the Geneva Convention for the suppression of counterfeitingof banknotes of 1929 was adopted. It provided for an exhaustive list of acts punishableas criminal offences:

1) all deceptive actions for the production or modification of banknotes, whatever the method usedto achieve this result;

2) selling counterfeit banknotes;

3) actions aimed at selling, importing countries or obtaining or obtaining for counterfeit banknotes, provided that theircounterfeit nature was known;

4) an attempt to commit these offences and actsof wilful complicity;

5) all deceptive actions aimed at manufacturing, obtaining or acquiring for oneself tools or other objects intended by their nature for the manufacture of counterfeit banknotes (article 3). thestate and individual States, but also the entire world communityas a whole.

Thus, there was no talk of legalizing income received as a result of these acts, but the use of the term «sale» it showed that the proceeds of crime had been obtained and could be freely put into circulation, as well as the economic prosperity of counterfeiting and the secretstructures associated with it.

Second, historically, a crime involving the subsequent introduction into the legal turnover derived from its Commission income was drug trafficking, to combat which was adopted by the single Convention on drugsble means of 1961, providing for the obligation of each party to provide measures to allow offer of drugs with a commercial purpose, buying, selling, brokerage was recognized as criminal offences in all cases, when committed intentionally (article 14). In order to implement this task, it was possible to confiscate narcotic drugs, substances and equipment used or intended for the transport of drugs (articles 36, 37 of the Convention on narcotic drugs). However, it was left to national legislators to decide whether to confiscate funds obtained from the sale of narcotic drugs. Consequently, the financial and economic base was left for the expansion of drug production by transnational organized crime and for the introduction of criminally acquired proceeds intothe legal economy.

The second stage is related to the criminalization of financial transactions and other transactions with property obtained as a result of crimes (beginningof the 1970s-end of the 1980s).

In the second stage a greater role in the fight against money laundering has played the Convention on psychotropic substances of 1971 thYes, in accordance with which intentional participation in the Commission of, conspiracy to commit and attempts to commit any of the actions on illicit trafficking of psychotropic drugs and preparatory acts and financial operations in connection with these actions are punishable offences (article 22). Thus, the Commission of financial transactions in connection with the illegal manufacture and sale of psychotropicств substances in the first EPis considered to be punishable.

With the expansion of the international financial market in the early 1980s, developed countries began to engage in the fight against money laundering. The development of anti-money laundering recommendations was initiated at the international level by the Committee on rules and methods контрof banking supervision («By the Basel Committee»), which included representatives of the Central banks of Belgium, great Britain, Canada, France, Germany, Italy, Japan, Sweden, Switzerland and the United States. In December 1988, the Committee adopted a Declaration «On preventing the use of the banking system for the purpose of laundering moneyobtained by criminal means«.

In addition, on December 20, 1988, the United Nations Vienna Declaration on combating illicit traffic in narcotic drugs and psychotropic substances was adopted, which obliges States parties to establish criminal liability for acts constituting, in essence, the legalization (laundering) of criminal proceeds:

1) the conversion or transfer of property if known that such property derived as the result of any offence or offences, or as a result of participation in such offence or offences, in order to conceal or disguise the illegal source of property or in order to assist any person involved in the Commission of such offence or offences, so that he could shirk fromresponsibility for their actions;

2) the concealment or disguise of the true nature, source, location, disposition, movement, genuine rights in relation to property or its belonging if it is known that such property derived as the result of an offence or offences, or as a result of participation in such offense or offenses;

3) acquisition, possession or use of property, if at the time of its receipt it was known that such property was obtained as a result of an offence or offences, or as a result of participation in such anoffence or offences;

4) participation, complicity or conspiracy to commit any of the above offences, attempts to commit such offences, as well as aiding, abetting, assisting ortestifying in their Commission (article 3).

The third stage is characterized by the establishment of criminal liability for the legalization of income obtained as a result of the Commission of any crimes (from the beginning of the 1990s to the present).

In order to coordinate the actions of national law enforcement agencies, an intergovernmental structure has been established that sets standards and develops and implements measures to combat money laundering and terrorist financing - the FATF, of which Russia has been a full member since 2003. The FATF's Forty recommendations provide for a number of measures that banks and other credit institutions, as well as certain professions (such as real estate agents, lawyers, and notaries) should take to prevent the legalizationof criminal proceeds.

The main international legal instrument for combating the legalization (laundering) of proceeds from crime is the Council of Europe Convention on laundering, search, seizure and confiscation of the proceeds from crime, adopted in Strasbourg on November 8, 1990, which establishes the list of offences related to money laundering:

1) the conversion or transfer of property if it is known that this property is income obtained by criminal means, to conceal the illegal origin of such property or helping any person involved in the Commission of the predicate offence to avoid the greatpolitical and legal consequences of their acts;

2) concealment or concealment of the actual nature, origin, location, location or movement of property or rights to it, if it is known that this property constitutes income obtained by criminal means;

3) acquisition, possession or use of property, if at the time of its receipt it was known that it wasmoney obtained by criminal means;

4) participation or complicity in any of the specified offences, or in an attempt to commit it, as well as assistance, instigation, assistance or advice in connection with the Commission ofsuch an offence.

It should be noted that on may 16, 2005, the international summit in Warsaw approved the text of a new version of the 1990 Strasbourg Convention, which was called the Convention on laundering, financing of terrorism and the search, seizure and confiscation of the proceeds of crime. In particular, it extends the scope of the 1990 Convention to the financing of terrorism, establishes requirements for the organization of internal controls in financial organizations in order to check their clients for suspicious transactions, and provides for tougher measures with regard to the confiscation of proceeds of crime.

In addition, according to the UN Convention against transnational organized crime of 2000, each of its member States shall take such measures as may be necessary to establish as criminal offences intentional acts listed in article 6 of this international act, which reproduces article 6 of this international act textually.6 of the Strasbourg Convention.

Norms criminalizing corruption offences, the prevention and combating the legalization of income obtained as a result of their Commission, providing ConventionAI OOH against corruption of 2003.

Thus, the world experience shows that the fight against money laundering (legalization) of criminal proceeds began at the beginning of the XX century. At the first stage, forgery or alteration of banknotes, as well as illegal distribution and manufacture of drugs were criminalized, at the second stage - the Commission of financial transactions and transfer of property in connection with the crimes committed. The third stage of the development of international legislation, which is still ongoing, is characterized by the fact that the international community is beginning to take measures to strengthen the fight against the laundering of income derived from the Commission ofany criminal acts.

A distinctive feature of the system of international legal norms in the field of combating legalization is the role of Advisory acts of international organizations - Forty FATF recommendations, Eight FATF special recommendations on countering the financing of terrorism were developed taking into account the provisions of universal and regional international legal acts in this area. The result of the activities of the FATF and regional bodies FATF-style, the main provisions of international legal acts forming the system apply to States that are not parties to relevant internationaltreaties s and members of the FATF.



Conclusion

In the study of the concepts and elements of crime stipulated by articles 174 and 174.1 of the criminal code, is possibleto formulate the following conclusions.

In order to avoid ambiguity in the interpretation of the disposition of article 174 of the criminal code of the Russian Federation it is necessary to detail the subject of the crime as follows:

extend to it the wording of article 128 of the civil code: «things, including money and securities, other property, including property rights» by using the term «property» in the disposition of part 1 of article 174 of the criminal code and its interpretation in accordance with the provisions of article 128 of the civil code in a note to article 174 of the criminal code;

it iseasy to determine that the main crime can be committed by one person, and not just several persons, by replacing the phrase «other persons» наwith «another person»;

replace the phrase «acquired criminally» used in part 1 of article 174 of the criminal code with the more successful phrase «obtained criminally» used in the disposition of part 1 of article 175 of the criminal code.

The use of the terms «legalization» and «laundering» as synonyms in domestic legislation is quite justified, since the first of these terms is endowed with legal content from the national point of view, while the second demonstrates its synonymy with international legal terminology.

The concepts used to characterize the objective side in the disposition of part 1 of article 174 of the criminal code of the Russian Federation lie in different planes, since «transaction «is a legal term, while» financial transaction» is an economic term. Within the framework of the execution of a single civil transaction, both one and several financial transactions may take place, but financial transactions themselves do not represent a type of transaction, and therefore the use of these terms as General and private in the criminal code of the Russian Federation is unacceptable.

174 and 174.1 of the criminal code of the Russian Federation, as it seems, do not fully correspond to the provisions of the Council of Europe's Strasbourg Convention on laundering, search and confiscation of the proceeds from crime, which in article 6 establishes an exhaustive list of acts constituting the concept of legalization and covered by it. A similar opinion has been expressed in the literature.

Thus, a more reasonable and logical based on the content of the relevant language found in international legal instruments on combating legalization (laundering) the following wording used in the legislation of the definition of «legalization (laundering) of illegal income - knowingly giving a legitimate appearance to the use, ownership or disposal of funds, other property, works and services, information, intellectual property, knowingly obtained in illegal way, or the concealment of their location, placement, movement or the actual accessories, as well as their use for entrepreneurial or other economic activity».



List of sources used

legalization money criminal

Regulatory legal acts

1. «Criminal code of the Russian Federation» from 13.06.1996 №63-FZ (ed. from 27.10.2020) / / «Sobranie Zakonodatelstva RF», 17.06.1996, №25, Art. 2954 / / SPS Consultant plus

2. «Civil code of the Russian Federation (part one)» from 30.11.1994 №51-FZ (ed. from 31.07.2020) / / «Sobranie Zakonodatelstva RF», 05.12.1994, №32, Art. 3301 / / SPS Consultant plus

3. Federal law «On amendments to certain legislative acts of the Russian Federation» Federal law of 07.04.2010 №60-FZ (as amended on 03.07.2016) / / «Sobranie Zakonodatelstva RF» 12.04.2010, №15, St. 1756 / / SPS Consultant plus

4. Federal law «on currency regulation and currency control» of 10.12.2003 №173-FZ

(ed. from 31.07.2020) // «Sobranie Zakonodatelstva RF», 15.12.2003, №50, article 4859 / / SPS Consultant plus

5. Federal law «On countering the legalization (laundering) of proceeds from crime and financing of terrorism» / / «Sobranie Zakonodatelstva RF», 13.08.2001, №33 (part I), Art. 3418. / / SPS Consultant plus

6. Resolution of the Plenum of the Supreme Court of the Russian Federation of 18.11.2004 №23 (ed. from 07.07.2015) «On judicial practice in cases of illegal entrepreneurship» / / Rossiyskaya Gazeta, №271, 07.12.2004 / / SPS Consultant plus

International legal acts

1. Strasbourg Convention «on laundering, search, seizure and confiscation of the proceeds from crime» of November 8, 1990 / / «Sobranie Zakonodatelstva RF» 2003, №3, St. 203 / / SPS Consultant plus

2. «The single Convention on narcotic drugs of 1961 with amendments made to it in accordance with the 1972 Protocol on amendments to the Single Convention onnarcotic drugs of 1961» (Concluded in new York on 30.03.1961) / / «Sobranie Zakonodatelstva RF», 29.05.2000, №22, Art. 2269 / / SPS Consultant plus

3. «Convention on psychotropic substances» (concluded in Vienna on 21.02.1971) / / «Collection of existing treaties, agreements and conventions concluded by the USSR with foreign States», Issueno. XXXV. - Moscow, 1981. Pp. 416-434 (published without a List) / / SPS Consultant plus

4. «Convention against transnational organized crime» (adopted in 2001). New York 15.11.2000 by Resolution 55/25 at the 62nd plenary session of the 55th session of the UN General Assembly) (as amended on 15.11.2000) / / «Sobranie Zakonodatelstva RF», 04.10.2004, №40, Art. 3882 / / PCA Consultant plus

Books

1. Financial law: the textbook / under total. Runits. Sokolova E.D.; editor. edited by A. Yu. Ilyin. Prospect, Moscow: 2019. - 592 p.

2. Banking law: a textbook for bachelors / D.G. Alekseeva, A.G. Guznov, L.G. Efimova et al.; ed. by L.G. Efimov, D.G. Alekseev. 2nd ed., pererab. and add-ons. Prospect, Moscow: 2019. - 608 p. / / SPS Consultant plus

3. Karpovich, O.G. Counteraction to legalization(laundering) of criminal proceeds in Russia. Yurist, Moscow: 2009, 232 p. / / SPS Consultant plus

4. Risks of financial security: legal format: monograph / O.A. Hakopyan, S. Ya. Bozhenok, O.V. Veremeeva et al.; ed. by I.I. Kucherov, N.A. Povetkin. Izisp, NORMA, INFRA-M, Moscow: 2018. 304 p. (in Russian)

Judicial practice

1. Criminal case from 28.05.2020 on case no. 2A-795/2020 // Filing of cases - http://sudact.ru / the Caps. from the screen. - Date of access 26.11.2020

Размещено на Allbest.ru

...