Autor: Yuri PUDOVOCHKIN, Nikolay PIKUROV
Publicat în: Journal Of Eastern European Criminal Law no. 2/2015
Revistă disponibilă: aici.
Abstract: Combat against crimes relating to the legalization of criminal incomes became one of the most important directions of the economic and criminal policy of the state nowadays. The domestic law of almost every state, including Russia, contain the relevant legal provisions. However, the lack of clear theoretical base determining the legal nature of this crime impedes the effective application of law. Specialists tend to associate the said crime with theoretical concepts of involvement in a crime and degrees of crime commission. However, today such approach appears to fail to ensure the correct understanding of the level of social danger of criminal incomes legalization, as well as fails to ensure that the crime qualification issues are adequately addressed. This article proves the necessity for reconsideration of common approach to criminal incomes legalization and, based on analysis of the economic mechanism and economic consequences of criminal incomes legalization, substantiates the point that this crime has a specific legal nature.
Keywords: Legal nature of criminal incomes legalization; concealment; criminal complicity; theoretical constructions and practical needs.