The article deals with an important and relevant topic — Ukraine's participation in international cooperation in the field of combating corruption. The authors emphasize that measures taken solely at the domestic level are not sufficient to effectively and comprehensively counteract this destructive phenomenon. The authors analyzed the scientific doctrine on the nature and importance of international cooperation. The authors used general scientific and special scientific methods, which provided an objective analysis of the research purpose. The research methods ensured the comprehensiveness and completeness of the study, the validity of the scientific results. It is proposed to analyze Ukraine's participation in international cooperation against corruption through the prism of international anti-corruption legal acts. First, the authors focus on the UN Convention against Corruption. The documents adopted within the framework of the activities of the Council of Europe and the Group of States against Corruption (GRECO) are then analyzed. In particular, the Criminal Law Convention on Corruption (ETS 173), the Civil Law Convention on Corruption (ETS 174), the Council of Europe Convention on the Manipulation of Sports Competitions (CETS 215), Recommendations on Codes of Conduct for Public Officials (Recommendation No. R (2000) 10), Recommendations on common rules against corruption in the funding of political parties and electoral campaigns (Recommendation Rec (2003) 4). Particular attention is paid to the EU Anti-Corruption Initiative (EUACI), funded by the European Union and co-financed and implemented by the Ministry of Foreign Affairs of Denmark. This initiative exists to promote anti-corruption reforms. The EU Anti-Corruption Initiative in Ukraine (Phase II) agreement concluded between the Government of Ukraine and the European Commission is analyzed. The conclusion is drawn about the need and importance of international cooperation in combating corruption. However, it is noted that the effective fight against corruption requires taking into account the historical experience of a particular state.
The objective of the article is a review of the state anti-corruption institutions' effectiveness in Ukraine. An important part of anti-corruption reform in Ukraine has been the complete transformation of anti-corruption institutions. That is why the authors try to use the most optimal methodology that would be able to ensure the comprehensiveness and completeness of the study: phenomenological; the descriptive; the hypothetic-deductive; the statistical; and the method of case law analysis. It is proposed to analyze the anti-corruption powers of general competence authorities in the sphere of anti-corruption. The authors analyzed the powers of specialized anti-corruption authorities' functioning: the National Agency on Corruption Prevention; the National Anti-Corruption Bureau; the National Agency for finding, tracing, and management of assets derived from corruption and other crimes; the Specialized Anti-Corruption Prosecutor’s Office and the High Anti-Corruption Court. The conclusion is drawn that, realizing the need of the anti-corruption task, the state has developed an extensive and relatively closed system of specialized anti-corruption authorities. Almost all bodies of state power and local self-government have acquired certain anti-corruption competencies. The authors made conclusion that such dispersion of powers, and in some cases their duplication, does not simplify, but rather complicates the effectiveness of combating corruption.
Purpose The purpose of the article is to analyze the notion of “financial intelligence (monitoring)” in the system of combating money laundering and compare foreign financial intelligence units. Money laundering poses a systemic risk to the financial and economic spheres, as well as to the national security of all countries. Financial monitoring should be pointed out while analyzing the issue of overcoming and preventing money laundering. It serves as one of the most sovereign remedies in the system of counteracting money laundering to minimize and effectively combat organized criminality and money laundering. The high level of development of the shadow economy, corruption, ineffectiveness of regulatory and legal support, as well as duplication of functions of individual authorities have become prerequisites for the financial monitoring system formation. Design/methodology/approach The theoretical and legal principles of financial monitoring in the system of counteraction to money laundering using the system-structural method were analyzed. The application of this method allowed to systematize the basic provisions on financial monitoring and the principles of its implementation. The system-structural method was used combining with the method of terminological analysis and operationalization of concepts. This method was used to identify key problematic aspects of understanding the financial monitoring essence, the peculiarities of the scientific community views on the definition of “financial intelligence,” “financial intelligence unit.” The method of analysis and synthesis in their systemic combination, as well as the ascent from the abstract to the concrete, was directly used to determine the impact of money laundering on the financial and economic security of Ukraine in the context of globalization. The extrapolation method was used to determine the possibility of implementing the analyzed existing world experience in the domestic practice of financial monitoring as an effective way to combat money laundering. The method of creating a theory was used to generalize the results of the research, to find general patterns for the objects being studied. The comparative method was used for comprehensive comparative research. Findings The development of money laundering and terrorist financing is one of the main challenges facing each state in the context of financial globalization. This is because the owners of untaxed income are trying to give them a lawful origin. The so-termed “criminal proceeds” pose a threat not only to the economy of any state but also to the national system. In turn, the low level of the financial system controlling instrument is conducive to the accelerated criminally obtained income transfer, which leads to the development of the shadow economy. Originality/value The authors recognized the most appropriate interpretation of the term “money laundering.” This is the process of transforming illegally obtained income into legal, ie legal income. The purpose of such a transformation is to conceal the original source of “criminal proceeds” and eliminate their traces. However, it should also be emphasized that the term “money laundering” also applies to such financial transactions that form a certain asset as a result of “criminal acts” (in particular, corruption).
Purpose The purpose of this paper is to define and characterize peculiarities of countering the legalization of criminal income with the help of virtual assets. Design/methodology/approach The analysis of the legislative delineation and the realities of the practical implementation of the features of combating the legalization of criminal proceeds with the help of virtual assets in Ukraine was carried out with the help of general scientific methods of cognition. The systematic method helped identify the main ways to legalize criminal proceeds with the help of virtual assets. Using legal techniques, proposals will be formulated to amend draft legislation on legislative regulation of the concept of “virtual assets”. The generalization method was used to develop ways to combat the legalization of criminal proceeds with the help of virtual assets. The method of legal forecasting was used to substantiate the proposed areas of combating money laundering with the help of virtual assets. The method of extrapolation will be used to determine the possibility of implementing foreign experience in domestic practice to combat money laundering with the help of virtual assets. Findings One of the relatively new and increasingly popular ways of money laundering is to commit this act with the help of virtual assets. Methods of money laundering through virtual assets include services for the conversion of virtual assets, P2P exchange, gambling sites, virtual asset mixers and the use of fictitious internet sites selling digital goods. The difficulty of counteracting the legalization of criminal proceeds with the help of virtual assets is primarily due to the lack of legislative regulation of the concept of “virtual assets” in Ukraine. Yes, the draft law is currently being finalized. Besides, even the current edition is not evaluated by the authors as perfect. After all, the issue of the content of the concept of “virtual assets” and its relationship with virtual securities, cryptocurrency and virtual property remains unresolved. Originality/value One of the relatively new and increasingly popular ways of money laundering is to commit this act with the help of virtual assets. Methods of money laundering through virtual assets include services for the conversion of virtual assets, P2P exchange, gambling sites, virtual asset mixers and the use of fictitious internet sites selling digital goods. It is essential to intensify financial monitoring by financial control bodies over the activities of conversion service centers. Moreover, given the transnational nature of legalizing criminal proceeds, especially those committed through virtual assets, international cooperation in combating this crime is vital. The authors have proposed specific measures to ensure that a coherent consolidation of efforts can be built.
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