Shelestinskiy D.G., Burtasova A. —
Experience in Ñounteracting the Illegal Proceeds Legalisation in the Leading Countries in Terms of the Volume of Services Provided in World Trade
// Finance and Management. – 2017. – ¹ 3.
– P. 25 - 37.
DOI: 10.25136/2409-7802.2017.3.23608
URL: https://en.e-notabene.ru/flc/article_23608.html
Read the article
Abstract: Significant harm to the economy of modern states is caused by the legalization of proceeds from crime. The experience of foreign countries allows us to make recommendations for improving the system of counteraction to these criminal acts in our country. The paper considers the process of developing legislation to combat the legalization of proceeds from crime in the United States and Great Britain. Particular attention is paid to current data submitted by state authorities, for example, the United States Sentencing Commission, which allow us to make timely and valid conclusions about the effectiveness of combating crime in this area. The paper presents an analysis of the activities of the National Financial Intelligence Unit of the United States - the Financial Crimes Enforcement Network and the practice of applying the federal law "Foreign Account Tax Compliance Act". In the course of the study, the authors analyzed the activities of the British government - HM Treasury, National Crime Agency, the legal basis for combating legalization based on the Proceeds of Crime Act, and Money Laundering Regulations. Based on the data obtained, the authors draw attention to the fact that law enforcement agencies of Great Britain operate at national, regional and local levels, which increases the effectiveness of the fight against legalization. Particular attention was paid to the Joint Money Laundering Taskforce / JMLIT created in 2015 and already well-proven. During the research, the authors used historical, logical, statistical, systemic and prognostic research methods. The main conclusion of the study was a reasoned opinion on the possibility of wider use of the experience of the United States and Great Britain in countering the legalization of proceeds from crime. At the same time, the authors draw attention to the need to take into account the specifics of the development of the Russian Federation and to refrain from blind implementation of the norms of law.
Shelestinskiy D.G. —
Federalism of law: objective peculiarities of development
// Law and Politics. – 2016. – ¹ 10.
– P. 1247 - 1250.
DOI: 10.7256/2454-0706.2016.10.16898
Read the article
Abstract: This article is dedicated to the analysis of the establishment of the principle of federalism in the United States of America, as well as the problems of its practical implementation and factors that affected this selection of the form of cooperation of states. The work generalizes the practical experience of application of federalism of law and judicial system that ensures its realization, “implied authority” and “supremacy clause” of the U. S. Constitution with consideration of opinions of a number of researchers. A comparative analysis is conducted on realization of the principle of federalism of law in the United States and the Russian Federation. Based on the conducted analysis, the author determines the specificity of the functionality of this principle of federalism of law that is characteristic namely for the United States. The author highlights the peculiarities of the development of Russia that form a different understanding and application of this principle. A conclusion is made on the limitation of the branches of government authority on the federal and regional levels in the United States.
Shelestinskiy D.G. —
Federalism of law: objective peculiarities of development
// Law and Politics. – 2016. – ¹ 10.
– P. 1247 - 1250.
DOI: 10.7256/2454-0706.2016.10.42852
Read the article
Abstract: This article is dedicated to the analysis of the establishment of the principle of federalism in the United States of America, as well as the problems of its practical implementation and factors that affected this selection of the form of cooperation of states. The work generalizes the practical experience of application of federalism of law and judicial system that ensures its realization, “implied authority” and “supremacy clause” of the U. S. Constitution with consideration of opinions of a number of researchers. A comparative analysis is conducted on realization of the principle of federalism of law in the United States and the Russian Federation. Based on the conducted analysis, the author determines the specificity of the functionality of this principle of federalism of law that is characteristic namely for the United States. The author highlights the peculiarities of the development of Russia that form a different understanding and application of this principle. A conclusion is made on the limitation of the branches of government authority on the federal and regional levels in the United States.