Financial intelligence (monitoring) during the martial law: main challenges and key points

Abstract

PurposeThis paper aims to illustrate the main changes during martial law for conducting financial intelligence (monitoring), in particular, in the system of combating legalisation (laundering) of illegally gained income.Design/methodology/approachThe research methodology includes general scientific methods of cognition. The authors used it to research the theoretical, organisational and legal aspects of financial intelligence (monitoring) in normal situations and during martial law. The authors also use the doctrinal legal research method to analyse and describe the legislation connected to the financial intelligence (monitoring) during martial laws.FindingsThis paper is an original work written by authors that discusses financial intelligence (monitoring) during martial law. The following changes in the conduction of financial intelligence (monitoring) were highlighted: suspension of scheduled and unscheduled on-site inspections; postponement of the entry into force of the provisions of some regulations on the submission of reports in electronic form; and the norms amending to remove administrative barriers in matters of financial intelligence (monitoring) in martial law. The authors also noted that certain rules for the functioning of the financial intelligence (monitoring) system were being clarified. Thus, the financial intelligence (monitoring) regime is being weakened to some extent.Originality/valueIn connection with the introduction of martial law in the territory of Ukraine on 24 February 2022, the most important changes that have taken place in the banking and financial sectors of the economy should be mentioned. In particular, this applies to the issues of the regulation on the statutory and regulatory levels. Certain vital points regarding the mechanism and procedures for conducting financial intelligence (monitoring) also needed to be changed, on a need-to-know basis to adapt to the needs of Ukrainian society during the military aggression of the Russian Federation. This paper is devoted to the study of financial intelligence (monitoring) during martial law. The authors identified the main changes in the procedure for conducting financial intelligence (monitoring) by both the National Bank of Ukraine (one of the main entities) and the legislator (by amending the current regulatory framework).