Features of the corpus delicti of the offence provided for in article 174¹ of the criminal code of the russian federation
Автор: Lupyr M.V.
Журнал: Вестник Восточно-Сибирского института Министерства внутренних дел России @vestnik-vsi-mvd
Рубрика: Уголовное право и криминология. Уголовно-исполнительное право
Статья в выпуске: 1 (88), 2019 года.
Бесплатный доступ
Introduction: The article is devoted to research of the peculiarities of the objective side of legalization (laundering) of money by performing financial operations. The author of the article reveals the features that distinguish financial operations from transactions. The article considers the possibility of giving a legitimate form of possession, use and disposition of financial resources, by performing financial operations. Materials and methods: The regulatory framework of the study is formed by the Constitution of the Russian Federation, generally accepted principles and norms of international law, international treaties of the Russian Federation, criminal and civil legislation, as well as legal acts explaining the application of criminal law providing for the legalization (laundering) of money or other property acquired by criminal means. The methodological basis of the study was the general dialectical method of scientific cognition, which is universal in nature, as well as methods of logical deduction, induction, cognitive methods and methods of observation, comparison, analysis, synthesis and description. Results: allowed to reveal the content and questions of the use of the terminology used which characterizes the objective side in art. 174¹ of the Criminal Code, as well as clarify certain provisions relating to the qualification of legalization (laundering) of money or other property acquired by a person as a result of his committing a crime. Conclusions and conclusions: analyzing the criminal law and regulations governing the application of criminal law providing for responsibility for the legalization (laundering) of money or other property acquired by criminal means, notes the lack of a common understanding of the term financial operation as a sign of the objective aspect of art. 174¹ of the Criminal Code.
Legalization, laundering, financial operations, transactions, legitimization, disposition
Короткий адрес: https://sciup.org/143166717
IDR: 143166717 | DOI: 10.24411/2312-3184-2019-10002