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ISSUES OF INTERNATIONAL COOPERATION IN COMBATING
MONEY LAUNDERING
Kh.Z. Kudratillayev
Lecturer of the Department of Criminal
and Procedural Law of
Tashkent State Law University,
Tashkent, Republic of Uzbekistan
Phone number: +99 893 851 00 10
https://doi.org/10.5281/zenodo.14792103
Annotation
: This article describes the procedure for organizing
cooperation with competent authorities of foreign countries in investigating the
legalization of proceeds from criminal activities during the implementation of
judicial and legal reforms, its specific aspects, and procedural significance. The
article examines the scope of application of this cooperative framework through
the views put forward by scholars on organizing collaboration with competent
authorities of foreign countries in investigating the legalization of proceeds from
criminal activities. Based on the perspectives and ideas proposed by scholars,
the issue of "organizing cooperation with competent authorities of foreign
countries in investigating the legalization of proceeds from criminal activities"
was analyzed through scientific, theoretical, practical, and legislative norms.
Key words
: criminal case, legalization, cooperation, proceeds from criminal
activity, authorized bodies, money laundering
Аннотация
: В данной статье описывается процедура организации
сотрудничества с компетентными органами зарубежных стран в
расследовании легализации доходов от преступной деятельности в
контексте проведения судебно-правовых реформ, ее специфические
аспекты и процессуальное значение. В статье рассматривается сфера
применения данной формы сотрудничества через призму взглядов ученых
на организацию взаимодействия с компетентными органами зарубежных
стран при расследовании случаев легализации доходов от преступной
деятельности. На основе представленных учеными перспектив и идей
вопрос "организации сотрудничества с компетентными органами
зарубежных стран в расследовании случаев легализации доходов,
полученных от преступной деятельности" был проанализирован с точки
зрения научных, теоретических и практических аспектов, а также
законодательных норм.
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Ключевые слова
: уголовное дело, легализация, сотрудничество,
доходы от преступной деятельности, уполномоченные органы, отмывание
денег.
In the context of globalization, cases of individuals who have committed
crimes exporting and concealing proceeds from criminal activities in foreign
countries are becoming increasingly widespread. This necessitates the
establishment of mutual cooperation between states in the field of recovering
such income, particularly the regulation of these issues in national legislation.
The UN Convention against Corruption (Section 5) and the Convention
against Transnational Organized Crime (Article 14) stipulate the obligation of
member states to take measures to recover proceeds from criminal activity.
At present, the absence of a mechanism for seizing and confiscating
property obtained from criminal activity in the criminal procedural legislation of
Uzbekistan is creating difficulties in establishing international cooperation in
this area. For this reason, it is important to study this issue from a scientific and
theoretical perspective.
Currently, the problem of international search, seizure, and confiscation of
money and property obtained through criminal means has become a matter of
special attention from international bodies and organizations. In particular, the
United Nations and its sponsored organizations are paying constant attention to
the development of specific mechanisms for providing international legal
assistance in the investigation of crimes, including in the search for, arrest and
confiscation of income derived from criminal activity. In recent years, there has
been a trend towards a more in-depth study of the issues of supplementing
recommendatory norms with specific content, searching for, seizing, and
confiscating income from criminal activity from the perspective of practical
needs.
Examples include the UN Convention on Combating Illicit Trafficking in
Narcotic Drugs and Psychotropic Substances of December 20, 1988, the UN
Convention against Transnational Organized Crime of November 15, 2000, the
International Convention on Combating the Financing of Terrorism of December
9, 1999, the recommendations of the Special Financial Action Task Force on
Money Laundering (FATF), and the CIS Model Law "On Combating Money
Laundering" of December 8, 1998.
The experience of some foreign countries in this area has been studied. In
particular, according to Article 577 of the Criminal Procedure Code of the
Republic of Kazakhstan, on the basis of a request (assignment, petition) for legal
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assistance, the competent authorities of the Republic of Kazakhstan carry out
procedural actions provided for by this Code in order to identify and seize
property, money and valuables obtained by criminal means, as well as property
belonging to suspects, accused or convicted persons. In addition, these
requested properties should be used as evidence in a criminal case. Also, in the
order of recognition and enforcement of the court decision of a foreign state, the
issue of confiscation of income from criminal activity may be considered.
When studying the practice of the United Kingdom on the issue of seizure
and confiscation at international request, this issue is regulated by the Proceeds
of Crime Act 2002, POCA, which states that in the United Kingdom, seizure of
property at the request of foreign states can be carried out in the following
cases:
• Property related to criminal activities such as corruption, money
laundering, tax evasion, terrorism, or other transnational crimes.
• Property can be used to compensate for damage caused to victims or to
pay fines.
• If there is a suspicion that the property was purchased at the expense of
income obtained illegally.
The UK has strong legal instruments to seize property at the request of
foreign countries. Through mechanisms such as the Proceeds from Crime Act
and the Inexplicable Wealth Orders, the country is effectively fighting money
laundering and protecting international interests. At the same time, the UK
ensures that decisions can be appealed to the courts, while respecting the rights
of owners.
When studying the experience of the Russian Federation, this area is
regulated by the Criminal Procedure Code of the Russian Federation and the
Federal Law "On Combating Money Laundering." According to it, confiscated
property can be transferred to a foreign state if it is provided for in an
international agreement. Also, these assets can be obtained from criminal
activity and, if a request is received, can be seized by a court decision and sent at
the request of a foreign state.
The Bulgarian Criminal Procedure Code also contains a norm analogous to
the Criminal Procedure Code of the Republic of Kazakhstan.
The proposed additions are made in order to eliminate the legal gap in this
area and regulate the issues of search, seizure, confiscation of property obtained
from criminal activity in national legislation. Recently, experts have been
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thoroughly analyzing the compliance of the legislation of Uzbekistan related to
the confiscation and return of assets with international standards.
Specifically, as a state party to the UN Convention against Corruption, it is
obliged to organize measures to return proceeds from corruption crimes under
Article 31.[2]
Conclusions
Having studied the above, it is proposed to supplement the Criminal
Procedure Code with Article 592-2 titled "Reflux of Income Obtained from
Criminal Activity from a Foreign State."
The bodies of inquiry, investigation, courts and execution shall carry out the
procedural actions provided for by this Code in accordance with the legislation
and international treaties of the Republic of Uzbekistan on the detection and
seizure of income received from criminal activity and exported outside the
territory of the Republic of Uzbekistan.
If there is a need to send a request for the execution of procedural actions
for the identification, arrest, confiscation and return of income obtained from
criminal activity and exported outside the territory of the Republic of
Uzbekistan, all necessary materials are submitted to the General Prosecutor's
Office of the Republic of Uzbekistan to resolve the issue of sending this request.
The request of the investigative and inquiry div to send a request to the
competent authority of a foreign state to perform procedural actions and all
documents attached to it shall be considered by the General Prosecutor's Office
of the Republic of Uzbekistan.
The General Prosecutor's Office of the Republic of Uzbekistan - in accordance
with the international treaties of the Republic of Uzbekistan or on the basis of
the principle of reciprocity, sends a request in the manner prescribed by the
Criminal Procedure Code on the execution of procedural actions for the
identification, arrest, confiscation and return of income from criminal activity, as
well as property belonging to the suspect, accused, defendant or convicted
person. Such a request shall be signed by the Prosecutor General of the Republic
of Uzbekistan or his deputy.
Referenсes:
1. Немцов Ю.И., Аржанова И.М.. Построение системы возврата активов в
зарубежных государствах (на примере стран ЕС) / Экономическая и
финансовая безопасность. 1/2017. ст. 56-63.;
2. Конвенция Организации Объединенных Наций против коррупции,
принятия резолюцией Ген. Асс. ООН 58/4 от 31.10.2003 года;
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3. Forsaith J., Irving B., Nanopoulos E., Fazekas M. Study for an Impact
Assessment on a Proposalfor a New Legal Framework on the Confiscation
andRecovery of Criminal Assets. DRR-5380-EC. FinalReport Prepared for the
European Commission Directorate General Home Affairs Published 2012 by
theRAND
Corporation//http://ec.europa.eu/home-aff-
airs/doc_centre/crime/docs/RAND%20EUROPE%-
20Study%20Final%20Report.pdf //;
4. https://www.legislation.gov.au/Details/C2018C00090//Federal Register of
Legislation.Proceeds of Crime Act 2002.
