Starovojtova U. Criminal-Legal Counteraction to Violations of Legislation of Ukraine on Financial Monitoring

The dissertation is the first complex research of criminal-legal counteraction to violations of legislation on financial monitoring. In the recent years counteraction to money laundering has become one of the leading direc-tions of the state policy of many countries. There is a developed international legislation that provides a number of measures which must be taken by national state bodies in order to combat the legalization of proceeds from crime. The adoption of the art. 209-1 of the Criminal Code fully corresponds to the international requirements in this sphere. However, on the other hand, Ukrainian law enforcement officials have had some difficulties with practical application of the norms which are formulated in this article. In the work the author carries out a detailed analysis of international documents which imply generally approved standards of anti-money laundering strategy. It is stated that na-tional Ukrainian legislation in this sphere has been developing under the great influence of international institutions. The social-legal grounds for criminalization of intentional violation of requirements of the legislation on prevention and counteraction to the legalization (laundering) of proceeds from crime have been identified, which makes possible to conclude that the norms of the art. 209-1 of the Criminal Code were formulated and adopted with violation of some system principles of criminalization. The author proves that it is necessary to consider the objects of the mentioned crimes separately. It is stated that the main object of crime implied by the part 1 of the art. 209-1 is the legal relations which provide informational exchanging between the units of primary fi-nancial monitoring and the specially authorized state body on financial monitoring. Mean-while, the main object of crime implied by the part 2 of the art. 209-1 is defined as the legal relations which provide the regime of confidence to the information that is given to the spe-cially authorized state body on financial monitoring. The articles of crimes that are analyzed are defined as an information which is given to the specially authorized state body. Still, it is proved that the articles of these crimes differentiate not only within the art. 209-1 of the Criminal Code of Ukraine, but also within the part 1 of the mentioned norm. Analyzing the legal characteristics of the objective side of the crimes prescribed by the art. 209-1 of the Criminal Code of Ukraine it is stated that it can be embodied in three alter-native forms, which are: failure to report to the specially authorized state body on financial monitoring about financial transactions, sending to the mentioned body distorted information abut such transactions, and illegal disclosure of information that is sent to the special author-ized state body. In the course of researching of the objective side of the crime prescribed by the part. 1 of the art. 209-1 of the Criminal Code of Ukraine the repetition element is ana-lysed. It is proposed to exclude the reference to repetition from the disposition of the norm in question. Still, the necessity to prescribe the repetition as a qualifying element is proved. Considering the subjects of the crimes prescribed by the art. 209-1 of the Criminal Code of Ukraine, it is concluded that only officials or those professionals who have access to the information which is sent to the specially authorized state body on financial monitoring due to their work position can commit the crimes mentioned. It is also necessary to distinguish the subjects of crimes prescribed by the different parts of the art. 209-1 of the Criminal Code of Ukraine.