PREVENTION OF LEGALISATION (LAUNDERING) OF CRIMINAL PROCEEDS IN THE MECHANISM OF ENSURING ECONOMIC SECURITY OF THE STATE

Abstract

The purpose of the article is to consider the nature and content of economic security as a component of national security of the state; to determine the peculiarities of implementation of a criminal illegal intention to commit legalisation (laundering) of criminally obtained property; to establish the main destructive features of legalisation (laundering) of criminally obtained property and their correlation with economic security of the state; to define the actual means of prevention of legalisation (laundering) of criminally obtained property in the mechanism of ensuring economic security of the state. A scientific discussion of the problem of ensuring the economic security of the country by reducing the risks of legalisation (laundering) of criminally acquired property is presented. The regulatory and programme documents in the field of ensuring economic security have been characterised. The nature and content of economic security as a component of the state's national security were determined. Statistical reporting of law enforcement bodies in terms of detection, investigation and prevention of predicate offences and direct legalisation (laundering) of criminally acquired property was analysed. The authors emphasise the need to improve the system of timely detection of economic risks and threats in order to avoid regulatory, supervisory, organisational and managerial gaps that facilitate both the commission of predicate criminal offences and direct legalisation of the proceeds of crime. Results. It has been established that the essence and content of economic security as a component of the state's national security consists in such functional features as: 1) ensuring the implementation of full cycle production as a means of increasing the level of resource efficiency of the economy; 2) providing foreign and domestic trade infrastructure as a means of increasing the institutional economic capacity of the state; 3) ensuring the investment attractiveness of the state as a means of improving the foreign and domestic economic policy of the state (investment and reinvestment processes); 4) ensuring economic stimulation for the systematisation of innovative renewal of the products of the activities of business entities; 5) ensuring control over labour migration in order to retain qualified specialists; 6) ensuring protection against economic crimes; 7) ensuring the development and competitiveness of the stock market. The specifics of the implementation of the criminal illegal intention to commit legalisation (laundering) of criminally obtained property have been differentiated: 1) multi-stage, which implies the presence of a complex mechanism of criminally illegal behaviour, often aimed at achieving several goals united by a single intention; 2) a list of possible predicate offences, which are fundamental in terms of property legalisation (laundering); 3) committing a criminal offence as part of an organised group/criminal organisation; 4) involving partners in crime with interregional and cross-border links; 5) ensuring the latency of predicate offences through legalisation (laundering) of criminally acquired property. Modern methods of prevention of legalisation (laundering) of criminally acquired property in the mechanism of ensuring economic security of the state have been proposed: 1) differentiation of legalisation (laundering) of criminally acquired property as an economic and criminal offence based on the object of intervention in/outside the predicate socially dangerous acts; 2) improvement of financial monitoring and registration procedures related to the acquisition of property rights and other economic transactions; 3) a fundamental departure from the generalisation of measures aimed at de-shadowing the economy (taking into account the object of de-shadowing); 4) elimination of shortcomings in economic procedural legislation, which often creates a field for fictitious bankruptcy; 5) elimination of shortcomings in criminal legislation, by revising the sanction of Art. 209 of the Criminal Code of Ukraine.

Keywords

• proceeds legalisation (laundering)
• corruption
• risk
• economic security
• shadow economy
• organised crime
• predicate criminal offence