IMPROVEMENT OF LEGAL MECHANISMS FOR COUNTERING MONEY LAUNDERING THROUGH THE USE OF ELECTRONIC PAYMENT INSTRUMENTS

Abstract

The purpose of this research is to study the current state of legal regulation to counter money laundering through the use of electronic payment instruments and on its basis to develop proposals for improving the relevant legal mechanisms. Materials and methods. To achieve the purpose of the study, the initial data were used: 1) regulatory legal acts adopted by state authorities of the Russian Federation; 2) materials of the latest judicial practice; 3) working materials of divisions of credit organizations engaged in anti-money laundering activities. The analysis and generalization of these materials made it possible to identify the actual problems in legal regulation of the institution in question in modern conditions and to develop proposals to overcome them. Study results. Current problems of improving the legal mechanisms for countering legalization (laundering) of funds and other property obtained as a result of criminal encroachments in the context of the use of electronic payment instruments are considered. The study found that creation of a legal mechanism regulating the digital assets market, as well as interpretation of regulations by judicial authorities, have a positive effect in the fight against legitimization of criminally acquired income. At the same time, the effectiveness of implementing such legislation in the field under consideration is associated with the need for careful studying the technological aspects of its application. The gradual introduction of the digital ruble will also make it necessary to improve legislation in the field of countering money laundering. The thesis is expressed that such improvement should be based directly on the characteristics of the digital ruble. Conclusions. When making amendments to the criminal legislation in order to exclude possible negative legal consequences of future law enforcement, it seems appropriate, if necessary, to use mechanisms of preliminary constitutional judicial control. The main directions of international cooperation in the field under consideration are: on the basis of regional rules creation of uniform international standards for countering money laundering, including uniform approaches to the criminal legal qualification of relevant acts, as well as formation of a legal and technical basis to implement operational information exchange between law enforcement agencies of various states on the facts of illegal using electronic means of payment.