PROBLEMATIC ASPECTS OF THE SUBJECTIVE SIDE OF THE INTENTIONAL BREACHES OF THE LEGISLATION ON PREVENTION AND COUNTERACTION TO LEGALIZATION (LAUNDERING) OF INCOMES OBTAINED IN A CRIMINAL WAY, OR TERRORISM FINANCING
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 5, Issue
Abstract
The article considers problem aspects of interpretation of the subjective side of a crime under article 209-1 of the Criminal code of Ukraine. On the basis of the conducted research determined that the intellectual basis of the intent of this crime in addition to awareness of the social danger of the act also includes an awareness of its wrongfulness. If the person is not aware of the wrongfulness perfect it act, for example due to an incorrect understanding of the requirements of the regulatory antiegalitarian legislation, it does not commit intentional crimes under article 209-1 of the Criminal code of Ukraine, and with the necessary characteristics or a crime through negligence (e.g., negligence), or administrative offense under article 166-9 of the code of Ukraine on administrative offences. The article also defended the position according to which the subjective side of the intentional breaches of the legislation on prevention and counteraction to legalization (laundering) of incomes obtained in a criminal way, or terrorism financing is characterized by deliberate or mixed (complex) form of guilt. The article gives examples of when the mental attitude of the perpetrator of the crime under article 209-1 of the Criminal code, socially dangerous consequences can be in the form of direct intent, indirect intent, or criminal presumption.
Authors and Affiliations
В. М. Бровко
Keywords
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