scholarly journals COMBATING MONEY LAUNDERING AS A PART OF TRANSNATIONAL ORGANIZED CRIME-CRIMINAL LAW METHODS AND PROBLEMS

2019 ◽  
Vol 31 (5) ◽  
pp. 1503-1507
Author(s):  
Tatijana Ashtalkoska-Baloska ◽  
Aleksandra Srbinovska-Doncevski
Keyword(s):  
Money Laundering ◽  
Organized Crime ◽  
Criminal Activity ◽  
Financial Flows ◽  
Transnational Organized Crime ◽  
Long Time ◽  
Financial Power ◽  
Criminal Legislation ◽  
And Control ◽  
Global Financial System

Money laundering its serious problem which threatens global financial system for a long time, hence measures against money laundering are part of one global system of criminal justice and policy against transnational organized crime, starting with predicting actions as criminal offences, precision its basic elements, giving priority of property sanctions and measures as a part of penal policy against this type of crime, but also finding new mechanism, in a way of detection and procedure of these illicit actions. This notion covers various activities directed against legalization of money acquired with committing crime, and therefore the center of injustice is exactly in covering criminal origin of money and including in legal financial flows. Although, in terms of detection and combating of this phenomenon, apart from the basic criminal offense, the money laundering operation itself and the predicate act often constitute a problem with regard to processing, which, if is not proved can constitute an additional obstacle of the procedure against the basic offence, as well as seizure of funds that are illegally obtained through such criminal activities. In this regard, the aim of this paper is to emphasize the necessity of building a global anti-money laundering system containing legislative measures as a first step in the control of money laundering and institutional restructuring for the effective enforcement of the existing criminal legislation. Criminalization and control of money laundering is complemented by confiscation of property and property gain acquired by such criminal activity, as measure which should enable reduction of financial power of criminal offenders and possibility of further committing of crime.

scholarly journals Technology as a Tool for Transnational Organized Crime

2021 ◽  
Vol 4 (1) ◽  
pp. 112-121
Author(s):  
Gurpreet Tung
Keyword(s):  
Money Laundering ◽  
Organized Crime ◽  
Criminal Activity ◽  
The Internet ◽  
Complex World ◽  
Criminal Networks ◽  
Transnational Organized Crime ◽  
The World

Using technology to commit crimes is becoming much more prevalent. The internet has provided organized criminal entities anonymity and accessibility to criminal networks across the world to expand their illicit businesses. Technology is allowing for different organizations to co-exist and assist one another to achieve their goals. Organized crime entities are not only utilizing cyberspaces to communicate with networks across the globe but are also utilizing these spaces to aid in money laundering. Money laundering processes have begun to move online to better obscure assets in relation to criminal activity. Therefore, technology is creating a more dynamic and complex world to combat organized crime.

scholarly journals Money Laundering and Deprivation of Illegally Obtained Assets in Brazil: An Overview of the Current National Legislation

2021 ◽  
pp. 1-15
Author(s):  
Emília Merlini Giuliani
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Money Laundering ◽  
Organized Crime ◽  
Justice System ◽  
Prevention And Control ◽  
Brazilian Legislation ◽  
Long Time ◽  
And Control ◽  
Critical Overview

Abstract The present paper aims to provide a comprehensive yet critical overview of current Brazilian legislation on money-laundering prevention and control. Given that stripping criminals of their illegal profits has for a long time been considered one of the most important measures in the fight against international and organized crime, a part of this paper explores the legal mechanisms that allow for this to take place as a consequence of crime and, especially, in connection with money laundering in the context of the Brazilian criminal justice system.

INTERNATIONAL AND LEGAL FRAMEWORK FOR COMBATING CORRUPTION CRIMES RELATED TO GIVING AND PASSING BRIBES AND OTHER TYPES OF ILLEGAL REMUNERATION

2021 ◽  
pp. 65-72
Author(s):  
Павел Владимирович Никонов
Keyword(s):  
Organized Crime ◽  
Legal Framework ◽  
Legal Regulation ◽  
International Standards ◽  
Transnational Organized Crime ◽  
Legal Documents ◽  
Illegal Acts ◽  
The Russian Federation ◽  
United Nations Convention ◽  
Criminal Legislation

Международные нормативные правовые акты имеют особое значение для организации противодействия коррупционным преступлениям, связанным с дачей и получением взятки и иных видов незаконного вознаграждения. В статье анализируются международно-правовые документы, призванные обеспечить единый подход к противодействию указанным видам противоправных деяний в различных государствах. Международное сообщество озабочено решением проблем, связанных с противодействием коррупции. В этом отношении Россия не является исключением, поэтому ратифицирует основные международно-правовые акты, регламентирующие вопросы борьбы с коррупционными преступлениями. Интеграционные процессы, происходящие в настоящее время, обуславливают необходимость обращения к международному опыту в области противодействия указанным видам преступлений. При подготовке материала научной статьи применялся сравнительно-правовой метод исследования, что позволило получить обоснованные выводы относительно сравнения международных и российских нормативных правовых актов. В статье анализируются положения таких источников, ратифицированных Россией, как Конвенция Организации Объединенных Наций против коррупции, Конвенция против транснациональной организованной преступности, Конвенция об уголовной ответственности за коррупцию, Конвенция по борьбе с подкупом иностранных должностных лиц при осуществлении международных коммерческих сделок. В качестве полученных результатов проведенного исследования можно признать заключения относительно соответствия уголовного законодательства Российской Федерации, созданных органов и реализуемых мер, направленных на организацию борьбы с коррупционными преступлениями, связанными с дачей и получением взятки и иными видами незаконного вознаграждения, рассмотренным международным стандартам. International legal regulation is of prime importance in countering corruption crimes related to giving and receiving bribes and other types of illegal remuneration. The article analyzes international legal documents designed to ensure the same approach to countering these types of illegal acts in different states. The international community is concerned about solving problems related to combating corruption. Russia is no exception, therefore it ratifies the main international legal acts regulating the fight against corruption crimes. The integration processes taking place at the present time necessitate taking into account the international experience of countering these types of crimes. The comparative legal research method was used, this made it possible to obtain well-grounded conclusions regarding the comparison of international and Russian normative legal acts. The article analyzes the provisions of international documents ratified by Russia: the United Nations Convention against Corruption, the Convention against Transnational Organized Crime, the Criminal Law Convention on Corruption, and the Convention against Bribery of Foreign Officials in International Business Transactions. The findings on the compliance of the criminal legislation of the Russian Federation, existing bodies and measures taken in the field of combating corruption crimes related to giving and receiving bribes and other types of illegal remuneration to international standards as the results of the study are indicated.

scholarly journals Transnational crime: features and basic models

2021 ◽  
Vol 2 (20) ◽  
pp. 15
Author(s):  
О. V. Tkachova
Keyword(s):  
Organized Crime ◽  
Trade Unions ◽  
Criminal Activity ◽  
Transnational Crime ◽  
Rapid Adaptation ◽  
Transnational Organized Crime ◽  
Spheres Of Influence ◽  
Ethnic Network ◽  
Potential Risks ◽  
Criminal Groups

The study found that the features of modern transnational organized crime are: rapid adaptation to realities, instant response to changes and transformations in life and economy, the ability to improve and adjust the methods and tools used in activities; coordination; rationality; thoughtfulness and systematic actions; systematization; the desire to minimize potential risks and get the most profit and maximum profits. Such models of transnational organized crime as: corporate, trade unions, partnerships, ethnic, network are considered. Modern transnational criminal groups, regardless of model, have been shown to be “well-concealed, well-off criminal communities with a well-defined internal structure, distribution of spheres of influence and functions, and extensive interregional or international ties. It is emphasized that now transnational crime is turning into cybercrime. This is made possible by the fact that it is easier to hide criminal activity on the Internet, anonymity is ensured, and it is possible to act uncontrollably, which, in turn, guarantees security for criminal activity

Introduction

2011 ◽  
Author(s):  
Federico Varese
Keyword(s):  
Multinational Corporations ◽  
Organized Crime ◽  
State System ◽  
Population Migration ◽  
Modern State ◽  
Washington Dc ◽  
Transnational Organized Crime ◽  
And Control ◽  
Crime Institute

This introductory chapter provides an overview of the book's key themes. The book examines mafias' ability to transplant in new and distant territories. Conventional wisdom suggests that organized crime migrates easily due to the spread of globalization and population migration, and criminal multinational corporations are increasingly unattached to a specific territory. According to Louise Shelley, the director of the Transnational Crime Institute in Washington, DC, “international organized crime has globalized its activities for the same reasons as legitimate multinational corporations.” Many authors argue that the notions of territorial entrenchment and control are becoming obsolete for a “Global Crime Inc.” that “transcends the sovereignty that organizes the modern state system.” The “transnational organized crime consensus” is influential among policymakers.

Organized Crime

2008 ◽  
pp. 610-619
Author(s):  
Frank G. Madsen
Keyword(s):  
Human Rights ◽  
Human Trafficking ◽  
Money Laundering ◽  
Organized Crime ◽  
Illicit Drugs ◽  
Illicit Drug ◽  
Universal Declaration ◽  
Transnational Organized Crime ◽  
Modern Times

This article discusses a virtually unknown but growing role of the UN, which is its contribution to combating transnational organized crime. This includes illicit drug and human trafficking. UN efforts in this area are based on the Charter and the Universal Declaration of Human Rights. The article stresses that reinterpretations of older conventions are important in modern times, where national authorities may be at a disadvantage in fighting illicit activity. The article determines that destroying terrorism and money laundering is similar to stopping the trafficking of illicit drugs and humans, since these should be intrinsic and not additional UN activities.

scholarly journals Illicit Transnational Enterprises and the State

2018 ◽  
Vol 11 (1) ◽  
pp. 88-105
Author(s):  
Anna I. Efimova
Keyword(s):  
Multinational Corporations ◽  
Organized Crime ◽  
Economic Activity ◽  
Criminal Activity ◽  
The State ◽  
Current Debate ◽  
Weak States ◽  
Transnational Organized Crime ◽  
State Fragility ◽  
Transnational Activities

This article aims at contributing to the current debate over the effects of illicit transnational activities on states. Recent avenues of conceptualizing transnational organized crime call for defining it as an economic activity with the scope of profit, rather than a criminal activity. Illicit transnational business activities largely follow the trends in development of legal business. The transnational criminal enterprises emerged in parallel to the growth of multinational corporations, making use of the same opportunities as legal business did. The article discusses violence by illicit enterprises and reviews current theoretical debate on the linkages between illicit enterprises and the state. The paper then proceeds with an empirical analysis of the effects of the presence of illicit enterprises on state weakness. We have hypothesized that weak states may have higher presence of criminal businesses. The findings generally confirm significant correlation between the two variables. State fragility is positively correlated with the presence of organized crime. Testing these results against empirical evidence partially confirms the findings. However, this correlation might be weakened by the observation that the presence of illicit enterprises alone does not determine state fragility or strength. 

scholarly journals The economics aspect of money laundering

2021 ◽  
Vol 18 (2) ◽  
pp. 125-144
Author(s):  
Nataša Stevandić
Keyword(s):  
Financial Markets ◽  
Economic System ◽  
Money Laundering ◽  
Organized Crime ◽  
Criminal Activity ◽  
International Community ◽  
Modern Times ◽  
Economic Instability ◽  
Public Revenue ◽  
Organized Crime Groups

The forms of threat to a country's economic system are very diverse. In modern times, perfidious systems of activity of organized crime groups are coming to light, especially in the field of organized crime. One such criminal activity is certainly money laundering, which is increasingly becoming a serious international problem. Money laundering is basically the legalization of capital acquired through criminal activity. As a criminal activity, it directly negatively affects the economics, political, legal, cultural and other significant values of a society. The most visible consequences of money laundering (most of which are economics in nature) are: undermining the integrity of financial markets, eroding control over economics policy, economic instability, loss of public revenue, deformation of savings and consumption, jeopardizing reform programs, loss of state reputation, etc. Money laundering is a complex and serious challenge for states and the entire international community. Considering that national strategies are not sufficient to combat this problem, a successful transnational approach and strategy are required.

scholarly journals Transnational organized crime as a modern phenomenon: definitions and main features

2021 ◽  
Vol 1 (19) ◽  
pp. 5
Author(s):  
Olena Tkachova
Keyword(s):  
Organized Crime ◽  
Criminal Activity ◽  
Minimal Risk ◽  
Transnational Organized Crime ◽  
Spheres Of Influence ◽  
Criminal Organizations ◽  
Crime Organization ◽  
The World ◽  
Illegal Activities ◽  
Modern Technologies

The article analyzes the current situation in the world from the standpoint of the spread of such a negative phenomenon as transnational organized crime. It has been proven that by reducing the time of entry into another country, and in EU countries also by eliminating the need for customs control, it is easier for criminals not only to quickly and unhindered to get, so to speak, to another part of the hemisphere, but also to move, hide or hide goods, weapons, etc. In addition, a powerful impetus to criminal activity was given by globalization, the development of modern technologies, in particular, methods, techniques, programs used in modern banking, facilitated the implementation of international criminal agreements, and the electronics revolution gave criminals, including criminal organizations, access to new means and methods of obtaining funds.It is substantiated that transnational organized crime is one of the highest levels of criminal evolution, a qualitatively new form of crime organization, their antisocial, illegal activities go beyond the territory and jurisdiction of one state, and the subjects are sustainable criminal organizations, whose activities and spheres of influence applies not to one but to several countries, neighboring states, regions, etc. They operate in different regions of the world, have a certain specialization, use various methods, techniques (blackmail, intimidation, corruption schemes), and are united by a common goal - to obtain a very high (maximum) profit while ensuring minimal risk.

Organized Crime in Foreign Policy

2017 ◽  
Author(s):  
Niklas Swanström ◽  
Christina Wenngren
Keyword(s):  
Foreign Policy ◽  
Organized Crime ◽  
Criminal Activity ◽  
Black Market ◽  
Criminal Networks ◽  
Transnational Organized Crime ◽  
State Institutions ◽  
Tax Returns ◽  
Fresh Perspective ◽  
Drugs And Crime

Transnational organized crime is part and parcel of the modern, globalized economy. The black market has irrefutable influence over both economic and political structures. It corrodes, corrupts, and coopts the institutions with which it comes into contact. Features that arise as a side effect of organized criminal activity also impact economic, social, and political developments. Isolated approaches aimed at counteracting criminal networks have proved ineffective, necessitating a fresh perspective on foreign policy-based solutions. A central difficulty of researching organized crime is the opaque nature of criminal networks, whose members prefer to operate in the shadows. The underworld does not owe accountability to any outsiders, nor do crime syndicates generally file tax returns. International bodies like the United Nations Office on Drugs and Crime are forced to rely on the reports of member states, which are often subject to distortion. This makes accurate assessment of the extent and impact of organized crime difficult, to say the least. Part of what makes the black market difficult to combat is the malleable approach of criminal networks. They employ a variety of strategies to pursue their illicit activity and will quickly adapt to the given strength or weakness of their host state. These strategies manifest themselves as either evasion, confrontation, or infiltration of state institutions. All of these strategies undermine legitimate sociopolitical structures, making it imperative to implement effective foreign policy initiatives that fight the trade as a whole.

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