Фінансовий моніторинг у первинній ланці його імплементації: гармонізація вітчизняної та міжнародної практики

Abstract

The purpose of this study is both to summarize negative impact factors on cash flows legalization based on international and domestic practice of financial monitoring in the area of entrepreneurial activity and to determine effective measures directed at sustainable socio-economic national development of Ukraine. The main legislative rules, norms and principles of financial monitoring implementation by domestic economic entities, conceptual definitions of the Law of Ukraine 361-IX , objects and subjects of initial financial monitoring, criterias of the international practice of financial transactions monitoring are generalized. The role of current o361-IX in the systemic fight against money laundering risks by domestic entities is revealed. The need is substantiated for both thorough identification and verification of such risks based on the results of asset transactions defined by the law as “objects of financial monitoring” and search for complete and reliable information on the final beneficiary of initial financial monitoring subject. Alternative approaches to the internal regulatory development and working documents have been proposed for the initial financial monitoring subjects (on the example of audit firms) in order to ensure their financial monitoring consistency and full disclosure of obtained results. Initial financial monitoring subjects, guided by provisions of Law 361-IX , must have a number of internal administrative documents that take into account the nature and scale of transactions with counterparties/clients. Mandatory internal documents for initial financial monitoring subjects specify: financial monitoring rules, primary financial monitoring programs and other internal financial monitoring documents, documentation of personnel procedures for the responsible employee appointment and his powers, rights and responsibilities. These internal documents should contain procedures that ensure effective risk management, as well as prevent the use of services (goods, products) for the initial financial monitoring subject in order to legalize illicit income. The reward is the confidence that activities of initial financial monitoring subjects have become another foundation in national socio-economic development.