Legalization of Proceeds from Crime: Problems of Criminal Prosecution in Russia

Abstract

The problem being investigated is due to the insufficiency of the criminal law measures taken to counter crimes related to the laundering of proceeds from crime, through which terrorism is often financed. In this regard, this article is aimed at increasing the criminal liability of persons who committed this type of crime, as well as developing effective preventive measures in this criminal environment. The purpose of the study: to identify the dependence of the number of crimes on the legalization of proceeds from crime, and total crime in Russia, analysis of the data and the establishment of latency of such crimes. The leading approach to the study of this problem is the use of methods of logical analysis and synthesis, comparative legal, idealization, which allows you to compare the norms of international and Russian law in the field of money laundering, to analyze statistical data on crime in this area and to identify problems criminal prosecution. The analysis of statistical data and the share of crimes in the field of money laundering in the total number of crimes showed the insignificance of the initiation of criminal cases under Articles 174 and 174.1 of the Criminal Code of the Russian Federation (hereinafter – CC of Russia). A study of individual criminal cases on the legalization of proceeds of crime revealed a formal approach and the absurdity of the sentences. The Russian enforcement of criminal liability does not fully comply with the international recommendations of the Financial Action Task Force (FATF). The results can be used for further scientific development, as well as for the development of a state policy on criminal liability for crimes in the field of money laundering.