DOI: 10.7256/2409-868X.2016.3.18313

Abstract: The subject of this research is the Russian legal acts that comprise the fundament of the fight against legalization (laundering) of illegal gains, as well as the practice of their implementation. The object of the research is the public relations that emerge in the process of counteraction to the crimes in this category. The second part of the article provides detailed examination of the genesis of the positions on legalization (laundering) of “dirty” money and their influence upon law enforcement practice. A special attention is given to the issues of prosecution (investigation and trial), as well as proposals on the ways and means of their solution. The author was able to determine the causes of negative trends in the investigative practice of legalization of “dirty” money and substantiate their interconnection with the legal norms aimed at fighting laundering of these funds. Analysis of the legal norms and prosecution practice in the historical aspect of their development allowed the author to determine the special status of the decisions of the Plenum of the Supreme Court of the Russian Federation and their influence upon qualification of acts in the area of laundering of criminal gains.

DOI: 10.7256/2409-868X.2016.2.17216

Abstract: The subject of this research is the Russian and foreign normative legal acts that comprise legal foundation for the fight against legalization (laundering) of the criminal income which was realized using the offshore zones. The object is the public relations emerging in the process of counteraction of crimes of the reviewed category. In the first part of this article the author carefully examines such aspects of the topic as the genesis of criminal act – “laundering” of the income. Special attention is given to its legal codification and determination of the main components of the definition of “laundering” that is contained in the international Conventions and Russian legislation. As a result of this research, the authors were able to reveal the main aspects of the definition of legalization (laundering) of the criminal income, realized using the offshore zones; detect correlation between the international norms and the positions of Russian legislation which regulate the process of counteraction of the aforementioned crime; establish the chronology and reasons of the changes introduced into the Article 174 and 1741 of the Criminal Code of Russian Federation, which are aimed at improving the legislation in the sphere of fight against legalization (laundering) of criminal income.

DOI: 10.7256/2305-9699.2013.11.9839

Abstract: The article concerns topical problems regarding prosecutor supervision over the procedural activities of inquiry and preliminary interrogation bodies in criminal cases on human trafficking. The authors analyze practice of prosecutor supervision in this sphere, as well as international documents and statistical data.  The article contains examples of investigation of criminal cases within the above-mentioned category, and possible measures for improvement of efficiency in the sphere of prosecution control and current legislation of the Russian Federation and the CIS against human trafficking.  The authors propose to have joint by-law by the law-enforcement bodies of the Russian Federation defining the list and elements of crimes in the sphere of human trafficking alike to similar lists on extremist and corruption-related, and terrorist crimes. In the interests of the law-enforcement bodies of the CIS Member States there is need to form a joint forensic database. Finally, in order to guarantee unhindered operative (including international situations) participation of victims in criminal judicial proceedings there is need to widen the scope of digital technologies in criminal proceedings, such as video-conferences, SMS, Internet-telephony, electronic signatures, information and consultation websites with the access only to victims and their representatives, etc.