A.S. B. Legalization (Laundering) of Criminally Acquired Finances and Other Property (Problems of Criminal Legal Qualification).

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0402U002198

Applicant for

Specialization

  • 12.00.08 - Кримінальне право та кримінологія; кримінально-виконавче право

21-06-2002

Specialized Academic Board

Д26.236.02

Essay

The dissertation is devoted to the criminal legal problems of responsibility for legalization of the illegal incomes. It is formulated the definition of legalization (laundering) of criminal incomes on a basis of theoretical legal research of specific indica-tion of washing-out "dirty" money. Taking into account tenets new criminal legislation it is fulfilled complete sci-entific analysis of object and subject of legalization (laundering) of finances and other property acquired by wittingly criminal way, it is revealed the particulars of objective and subjective parts of crime. It is offered to consider the subject of washing-out not only persons, implicated to the main crime but also those who taky the direct part in acquiring the criminal incomes. The research of qualifying indications of washing-out allows to conclude that criminal responsibility for creation of organised groups in Ukraine or beyond its borders for legalization (laundering) of criminally acquired finances and other property must behigher then for committing washing-out in preliminary agreement by group of persons. On the basis of study of the normative documents, decisions of the Su-prime Court of Ukraine, works of domestic and foreign scientists it is analysed the ques-tions of restriction of legalization criminal incomes and adjacent with it bodies of crimes in details. It is studied the attributes on the basis of which the washing-out is delimitted from the use of means gained from illegal circulation of narcotics, psychotropices and precursors, from ac-quisition or sale property gained by wittingly criminal way, from concealment of crime, from assistance with participants of criminal organisations and other crimes. In the work it is proved the necessity to qualify article 209 together with article 255, 256, 258, 303 and other legal standarts of Criminal Code of Ukraine. The theoretical part of the research integrally is connected with practical dIt is widely used the materials of judicial and investigatory practice of Ukraine, Rus-sia and other countries about aplication of legal standart about the re-sponsi-bility for washing-out and also materials of criminal statistics on this prob-lem. On this basis it is analysed the spreading of considered crime, it is re-vealed the scarcities in the criminal law, it is offered the recommendations and sug-gestions on its further perfection. It is given reason for an opportunity of use of some states of the international legislation with the purposes of harmonization of national law with norms of international law.

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