THE ELEMENTS OF ADMINISTRATIVE OFFENCES IN THE AREA OF PREVENTION TO LEGALIZATION OF PROCEEDS DERIVED IN A CRIMINAL WAY
Journal Title: Юридичний науковий електронний журнал - Year 2017, Vol 1, Issue
Abstract
The Article is devoted to the analysis of the elements of administrative offence in the area of prevention and counteraction to legalizing (laundering) incomes derived in a criminal way, and to financing terrorism as well as financing proliferation of weapons of mass destruction. The Article consists of two main parts. The first one explores the theoretical positions of scientists concerning the elements of administrative offence. The second deals with analysis of the Ukrainian effective legislation, particularly the most attention is dedicated to the Code of Ukraine on administrative offences and the Law of Ukraine «On prevention and counteraction to legalization (laundering) of the proceeds from crime or terrorism financing as well as financing proliferation of weapons of mass destruction». Based on the received results, the author indicating structure’s elements of administrative offence in the area of prevention laundering proceeds, particularly: subject and object of the offence as well as actus reus and mens rea. However, taking into consideration that such structure is applicable to other offences, the author examines each element with the aim to determine distinctive features of offences in the area of prevention to legalization of proceeds derived in a criminal way. The following terms were analyzed in the Article: «subject of initial financial monitoring», «official of initial financial monitoring» as well as its key features were determined. The author emphasizes that administrative capability of official begins and terminates at the moment of his (her) appointing or dismissing. It is also noted that an administrative action can be brought against officials of the state authorities in case of committing administrative offences, specified in the Code of Ukraine on administrative offences. Furthermore, the Article includes the analysis of the judicial decisions in the area of prevention and counteraction to legalization (laundering) of the proceeds from crime or terrorism financing as well as financing proliferation of weapons of mass destruction.
Authors and Affiliations
В. М. Берізко
Keywords
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- EP ID EP475546
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