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

##plugins.themes.bootstrap3.article.main##

##plugins.themes.bootstrap3.article.sidebar##

PDF
Published: Dec 11, 2018
https://doi.org/10.30525/2256-0742/2018-4-5-36-39

  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.

How to Cite

Bortnyk, N., Tsurcan-Saifulina, J., & Kotukha, O. (2018). ESSENCE AND CONTENT OF CATEGORY “FINANCIAL INVESTIGATIONS” AND CONCEPT DEVELOPMENT AMID EUROPEAN INTEGRATION. Baltic Journal of Economic Studies, 4(5), 36-39. https://doi.org/10.30525/2256-0742/2018-4-5-36-39
Article views: 592 | PDF Downloads: 262

##plugins.themes.bootstrap3.article.details##

Keywords

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

References

International Standards on Combating Money Laundering and Terrorist Financing and Proliferation of Weapons of Mass Destruction – FATF Recommendations on 16.03.2012, as amended.

Cherniei, V. V. at al. (2017). The shadow economy: world trends and Ukrainian realities [Text]: materials of the Intersociety Research-to-Practice Conference (Kyiv, 23 June 2017). National Academy of Internal Affairs of Ukraine.

General administrative law as an idea of regulation: Foundations and tasks of administrative system formation / Eberhard Schmidt-Aßmann; EiC O. Syroid. 2nd edition. K.: “K.I.S.”, 2009.

Pimenov, N. A. (2003). Financial investigations: main approaches. Bulletin of the Financial Academy, 1(25), 25.

Kondrateva, E. A., Goriunov, A. R. (2003). Revisiting the development of the scientific definition of financial investigations. Bulletin of the Financial Academy, № 1(25), 21.

Materials of the 5th Convocation of the meeting of the Council on the Prevention and Counteraction of the Legalization (Laundering) of the Proceeds from Crime, Terrorist Financing, and Financing of the Proliferation of Weapons of Mass Destruction. 2018. Retrieved from: http://www.sdfm.gov.ua/articles.php?cat_id=285&lan

Order of the Prosecutor General of the Republic of Lithuania “Recommendations for Financial Investigations” on 19 March 2013. Retrieved from: https://censor.net.ua/news/238090/litva_gotova_podelitsya_s_ukrainoyi_opytom

Efimov, V. S., Bushueva, N. V. (2014). Challenges and threats to financial credit system of the RF in modern conditions. The potential of the socio-economic development of the Russian Federation in the new economic conditions, materials of the International Research-to-Practice Conference. Retrieved from: https://cyberleninka.ru/.../metodologicheskie-podhody-k

Tylchyk, O. (2017). Administrative and legal provision of counteraction to shadow economy: the monograph. Publishing House “Helvetica”. Kyiv.

Dedkov, A. V. Issues of forming the institute of financial investigations. Retrieved from: http://www.finman.ru/articles/2004/2/1759.html

Decree of the President of the Republic of Belarus as of 23.10.2012 “On Some Measures to Prevent Illegal Minimization of Amounts of Tax Obligations”. Retrieved from: http://pravo.newsby.org/belarus/ukaz0/uk336.htm

Issue
Vol. 4 No. 5 (2018): Baltic Journal of Economic Studies