CRIMINAL TRAFFICKING OF ASSETS IN THE FOCUS OF CRIMINOLOGICAL ANALYSIS

Abstract

Under the criminal circulation of assets, we propose to understand the revolving resource potential of crime - a system of socially dangerous directions and forms of movement of funds, property and other assets, the subject contours of which are criminal practices related to the financing of criminal activity, legalization of its results and/or use of assets, which causes harm to social benefits protected by the law on criminal liability. Criminal circulation of assets

forms the foundation of both general criminal organized crime and economic and political crime.

Three segments of relevant criminal practices are distinguished, which constitute the subject framework of the phenomenon of criminal circulation of assets:

• practices of financing other criminal activity, namely - art. art. 110-2, 111-2, 258-5, 260, 176, 437, 447 of the Criminal Code of Ukraine;
• financial and criminal practices: corruption crime (parts 2–4 of article 191, articles 364, 364-1, 368–369 of the Criminal Code of Ukraine); political corruption in terms of violating the procedure for financing a political party, election campaign or referendum campaign (article 159-1 of the Criminal Code of Ukraine); smuggling (articles 201, 201-1, 201- 3, 201-4 of the Criminal Code of Ukraine);
• legalization (laundering) of property obtained by crime (article 209 of the Criminal Code of Ukraine), as well as intentional violation of the requirements of the legislation on preventing and countering the legalization (laundering) of proceeds from crime, financing of terrorism and financing of the proliferation of weapons of mass destruction (article 209-1 of the Criminal Code of Ukraine).

As a criminological phenomenon, criminal asset turnover manifests itself in the unity of three groups of criminal activity: a) that which encroaches on the financial system of the state, economic and service relations; b) that encroaches on national security, public security, as well as peace, security of mankind and international law and order; c) general criminal manifestations of asset turnover. Each of them unfolds in two dimensions: traditional-circulation and virtual. It is emphasized that in the conditions of a globalized world it necessarily reveals the contours of transnational criminal activity, the effective counteraction of which requires proper international cooperation of law enforcement agencies.