Russian Journal of Economics and Law (Jun 2022)
Using a digital payment infrastructure for criminal incomes legalization: main trends
Abstract
Objective: to identify the main trends in using the digital payment infrastructure for the legalization of criminal revenues. Methods: the methodological basis of the research is a set of methods of scientific cognition, including analysis, synthesis, analogy and comparison.Results: assessing the law enforcement practice in the field of using the digital payment infrastructure for the legalization of criminal revenues and the activities of law enforcement agencies in the field of money laundering at the global level, the author identified and analyzed the following main trends: a) the convergence with the position of the group developing financial measures to combat money laundering in terms of regulation, despite the absence of uniform rules; b) the active inclusion into the sphere of criminal legislation of norms aimed at prohibiting the use of digital assets for money laundering;the problem of jurisdictions and the lack of supranational regulation mechanisms; d) the consolidation of law enforcement efforts and joint operations to curb criminal activity; e) the active use of the confiscation The author comes to the conclusion that the initiative of the Russian Ministry of Internal Affairs and other law enforcement agencies to develop a mechanism for the confiscation of digital assets in the absence of positive regulation seems to be a very inaccurate solution, although determined by the objective circumstances and criminogenic situation.Scientific novelty: the study evaluates the law enforcement practice in the field under consideration and the activities of law enforcement agencies in the field of money laundering at the global level; it highlights the key trends in the use of digital payment infrastructure for money laundering.Practical significance: the main provisions and conclusions of the research can be used by legal scholars, legislators, lawyers and law enforcement officers in the development and improvement of mechanisms to counter the use of digital payment infrastructure for the legalization of criminal revenues.
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