The article is devoted to the analysis of the current stage of legal regulation of international cooperation in the investigation of transnational economic crimes and the identification of shortcomings in international legal acts to determine the forms and directions of cooperation in the investigation of crimes of this category. On the example of international conventions in the field of international cooperation in criminal proceedings, bilateral agreements of Ukraine on international cooperation in the investigation of transnational economic crimes and multilateral regional conventions in the field of criminal procedure, it is shown that international cooperation of competent authorities of Ukraine and foreign countries. Transnational crimes are committed at three levels: universal, regional and bilateral. It is emphasized that bilateral agreements often contain significant gaps in legal regulation, especially in the area of certain types of mutual legal assistance in the investigation of transnational economic crimes, namely: they do not allow for the receipt and provision of comprehensive mutual legal assistance in criminal matters. economic crimes of a transnational nature; do not provide the prospect of expanding the range of forms of legal aid provided depending on the specific circumstances of the case and the state of criminal procedure legislation; do not contain norms on such areas of international cooperation in the investigation of transnational economic crimes as cooperation in the investigation of economic crimes committed with the use of modern computer technology, the use of video communications in proceedings, legal regulation of international search, arrest and confiscation assets obtained by criminal means, as well as proceeds from criminal activity (these areas are only mentioned in some bilateral agreements, without sufficient procedural details). Key words: legal regulation, international cooperation, economic crimes, transnational character, international conventions, bilateral agreements.
The purpose of the research is to highlight international cooperation in investigation of economic crimes of a transnational nature. The main content. It is emphasized that the concept of “international cooperation in fight against crimes” is in the sphere of action of various legal systems of both international public law and domestic law of states (countries) taking part in cooperation.”. It is established that it is necessary to clearly delineate the subject of international legal regulation of this type of interaction between states and international organizations. Methodology. Review of materials and methods based on analyzing documentary materials of international cooperation in investigating economic crimes of transnational nature. Conclusions. Due to objective reasons and circumstances modern international relations are characterized by expansion of legal cooperation in investigating economic crimes of transnational nature. At the same time, certain entities can be clearly distinguished in the circle of participants of such cooperation. Considering their goals of creation, their range of powers and features of their implementation such entities operate only in the fight against crimes at the international level - these are international law enforcement organizations.
The article discusses the concepts and structure of the forensic characteristics of economic transnational crimes committed using modern computer technologies. It is noted that with the help of forensic characteristics in the investigation of transnational crimes, it is possible to: develop effective methods of investigation; construction of programs, versions and investigation algorithm; determination of directions and forms of interaction between the competent authorities of the interested states during the investigation; drawing up a complete and clear request for international legal assistance, taking into account all the characteristics of crimes of a certain category. The structural elements of the forensic characteristics of economic, transnational crimes include: the subject and setting of the crime, the personality (persons) of the criminal. There are two groups of objects of criminal encroachment: the main (referred to the category of object-related economic crimes); subordinates (referred to as the subjects of crimes in the field of the use of computer technology). Therefore, the subjects of economic transnational crimes committed with the use of modern computer technologies include: computer information; documents for the transfer of funds; various means of access to bank accounts, etc. The material carriers of such items of this category of crimes are: payment order, bank check, plastic payment card of any kind, identification card. It is noted that the peculiarities of the situation of economic transnational crimes committed with the use of modern computer technology, it is appropriate to consider the scheme: material, technical, spatial, temporal and socio-psychological circumstances of the crime. It is stated that crimes of this category are usually committed by persons who have a high intellectual and professional level. There are three groups of people who commit economic transnational crimes using computer technology. However, in a more detailed consideration of the characteristics of persons who committed crimes of this category, it is proposed to study them according to the scheme: 1) general features of the offender who committed economic transnational crime, using computer technology and 2) crimes, taking into account the distribution of roles in an organized criminal group. Given that the forensic characterization of transnational economic crimes committed with the use of modern computer technology is somewhat complex, it requires in-depth theoretical research in various scientific categories - legal, economic, informational and international.
The article considers one of the types of transnational economic crimes - legalization (laundering) of proceeds from crime. Emphasis is placed on the fact that the legalization (laundering) of proceeds from crime is a predicate offense, because it is not characteristic of any one type of organized crime, but for a very wide range of transnational crimes, because the vast majority of them are for profit and criminally acquired assets. In this regard, the process of investigating and providing legal assistance in the investigation of such economic transnational crimes has a number of features and obstacles. The need for an appropriate legal framework for international cooperation in the fight against money laundering (laundering) is indicated. Three main stages of legalization (laundering) of criminal proceeds as one of the economic transnational crimes have been identified and analyzed. Thus, the first stage of such illegal actions is: placement of cash in the normal circulation of money (the process of penetration of proceeds from crime into the economic system, which aims to free the holder of a large sum of funds from cash and its placement in national or foreign currency in cash turnover, for the next stage). The second stage of legalization (laundering) of proceeds from crime is camouflage (hiding traces and ways of spreading) or cash circulation, which includes a number of financial transactions aimed at concealing the source of money. The third stage is defined as integration (return and legalization of «laundered» money), full entry of funds into the legal economic system, where they can be used for any purpose. It is emphasized that in the process of legalization (laundering) of proceeds from crime, there are certain periods (or «bottlenecks»), during which the risk of detecting such illegal activities increases significantly. Even with the large number of options, methods and forms of money laundering, such periods cannot always be avoided, which significantly increases the risk of detection of such illegal activities by financial intelligence units or other competent authorities. Such periods include: the process of receiving cash into the financial system; movement of cash flows across the state border; transfers within the financial system and at the exit from the financial system. Given this, in order to ensure the successful functioning of the entire system of legalization (laundering) of proceeds from crime, this process is usually performed by persons who are professionally engaged in management procedures for investing legalized proceeds in legal real estate and other assets. It is noted that effective counteraction to the process of legalization (laundering) of proceeds from crime is impossible without the legal settlement of international cooperation in the investigation and collection of evidence of such economic transnational crimes.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
hi@scite.ai
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.