ESSENCE AND CONTENT OF CATEGORY “FINANCIAL INVESTIGATIONS” AND CONCEPT DEVELOPMENT AMID EUROPEAN INTEGRATION

Nadiya Bortnyk, Julia Tsurcan-Saifulina, Oleksandr Kotukha

Abstract


The article carries out analysis of essence and content of financial investigations as one of the main countermeasures to shadowing the economy and, in particular, anti-money laundering. Features of the implementation of the FATF Recommendations and other international organizations regarding the legal and institutional support of conducting financial investigations in Ukraine and other European Union countries are determined. Systematization of scientific views on the definition of “financial investigation” and the practice of carrying out the relevant activities both in foreign countries and in Ukraine allowed formulating approaches to the unification of the term “financial investigation” in the national scientific format. The methodological basis of the research consists of general scientific and special methods and techniques of scientific knowledge, which are used as a single set, namely, the logical-semantic method, the method of convergence, and also the formal-logical method are chosen to define the concepts of “financial investigation”, “analytical research”, “anti-money laundering”, “interaction of subjects of the national system of anti-money laundering”, etc. The comparative legal method is used to study the positive foreign and domestic experience of institutional and legal provision of financial investigations in the fight against money laundering, as well as to analyse and characterize the requirements of international organizations regarding the implementation of European Union legislation in the domestic legislation on issues of the legal framework for anti-money laundering. Practical implications of the paper are to reveal and systematize problems to be solved by improving the domestic legal and regulatory framework for organizing financial investigations in the system of anti-money laundering measures, while the new principles of its formation proposed by the authors can be implemented in practical terms and result in improving the information and spatial format and enhancing the interaction of the subjects of ensuring national economic security.

Keywords


economic security, financial security, state security, legal regulation, shadowing of economy, fight against corruption, legalization (laundering) of illegally obtained income

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References


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DOI: http://dx.doi.org/10.30525/2256-0742/2018-4-5-36-39

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