Volume 03 Issue 07-2023
108
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
108-113
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article focuses on international standards and foreign experience in criminal liability for crimes committed by
foreign nationals and stateless persons in the territory of another state, the results of research conducted by scientists
and the analysis of national legislation.
KEYWORDS
shadow economy, money laundering, jurisdiction, FATF, predicate offenses, foreign citizen, stateless persons, criminal
prosecution, transnational crimes, criminal liability.
INTRODUCTION
In the next Address of the President of the Republic of
Uzbekistan Shavkat Mirziyoyev to the Oliy Majlis on
January 24, 2020, he emphasized that healthy
competition and a favorable investment environment
will not be formed unless the "hidden economy" that
seriously hinders reforms is eliminated.
Indeed, the negative impact of the "hidden economy"
on the normal functioning of the country's economy
cannot be ignored.
The presence of a private sector in the country's
economy requires a special approach to solving this
problem.
According to the World Bank, in 2019, the share of the
underground economy in the gross domestic product
in Uzbekistan was 52.1 percent.
If these indicators are compared, in Central Asian
countries, in particular, it reached 40.7% in Tajikistan,
36.6% in Kazakhstan, and 30.5% in Kyrgyzstan.
The share of the hidden economy is 8.0% in the United
States, 36.5% in Brazil, 21.7% in Spain, 19.5% in Italy, 18.4%
in Korea, 14.5% in China, 10.2% in Germany, 9.6% in the
UK, 9.0% in Australia, 8.6% in Singapore and 8.1% in
Japan.
Research Article
JURISDICTION OF STATES REGARDING THE CASES OF LEGALIZATION OF
CRIMINAL INCOME
Submission Date:
July 20, 2023,
Accepted Date:
July 25, 2023,
Published Date:
July 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-18
R.H. Rahimov
Senior Teacher At Law Enforcement Academy, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 07-2023
109
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
108-113
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
According to the results of the research, it is known
that the legalization of proceeds from criminal
activities has a transnational nature, and it was
observed that a large flow of criminal proceeds enters
the countries with a high "attractiveness" index for
legalization of criminal proceeds.
At this point, the above opinion is stated in the report
prepared by the Organization for Economic
Cooperation and Development on the underground
economy, that the level of spread of economic crimes
has a direct impact on the scale of the underground
economy, which, in turn, not only threatens the
economy of a single country, but also undermines the
economic and financial stability of the world
community.
Money laundering has become an international crime
today.
Factors such as the rapid development of modern
information and communication technologies, the
improvement of the international money transfer
system, and the emergence of virtual money make this
type of crime an urgent problem at the international
level.
This, in turn, requires the development of international
cooperation in the fight against such crimes, the study
of foreign experience in this field.
International standards set relevant norms for the
prosecution of crimes committed by economic and
organized groups.
In particular, Article 15 of the United Nations
Convention against Transnational Organized Crime
stipulates that each state should take appropriate
measures to determine its jurisdiction over money
laundering and corruption crimes committed by an
organized group.
According to this rule, states determine their
jurisdiction based on the principle of territoriality in the
following cases:
a) if the crime was committed on the territory of this
state;
(b) the offense was committed on board a ship flying
the flag of that State or on an aircraft then registered
under the laws of that State.
States shall fulfill their obligations under this
Convention in accordance with the principles of
sovereign equality and territorial integrity of States
and non-interference in the internal affairs of other
States.
In this context, it is envisaged to determine the
jurisdiction of the states for the following crimes:
a) if the crime was committed against a citizen of this
state;
b) when the crime is committed by a citizen of this
country or a stateless person residing in this country;
c) crime:
- If it is considered one of the crimes committed as part
of a criminal group, provided for in paragraph 1 of
Article 5 of the Convention, and committed outside its
territory with the purpose of committing a serious
crime;
- In connection with the crime of money laundering
provided for in Article 6 of the Convention, committed
outside its territory for the purpose of committing a
serious crime.
Volume 03 Issue 07-2023
110
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
108-113
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Бундан
таш
қ
арида
Конвенция
нормалари
транцнмиллий
характерга
эга
бўлган
бош
қ
а
турдаги
жингоятларга
нисбатан
ҳ
ам
қ
ўлланиши
белгиланган
.
In addition, it is determined that the norms of the
Convention are applied to other types of crimes of a
transnational nature.
According to the recommendations of the Financial
Action Task Force on Combating Money Laundering
(hereinafter - FATF) , countries should cover the main
crimes as widely as possible in order to apply the
concept of the crime of money laundering to all serious
crimes.
In this case, it is possible to include all crimes as main
(predicate) crimes, or based on the degree of severity
of crimes or the type of crimes punishable by
deprivation of liberty, into the category of serious
crimes or crimes that are punishable by deprivation of
liberty, as well as determine the list of main crimes, or
these approaches combination can be used.
The main crimes related to the legalization of criminal
proceeds, when committed in another country, should
be considered as criminal acts in that country, and if
committed in the country's territory, they should be
considered as the main crime.
According to this recommendation, countries should
be able to prosecute even if crimes are committed on
the territory of another country.
At this point, we will consider the territorial
prosecution of this type of crime based on the JK of the
Republic of Uzbekistan.
In particular, according to Article 11 of the Criminal
Code:
a) started, completed or terminated in the territory of
Uzbekistan;
b) if it was committed outside the territory of
Uzbekistan, and the criminal consequences occurred in
the territory of Uzbekistan;
c) if it was committed in the territory of Uzbekistan,
and the criminal consequences occurred outside the
territory of Uzbekistan;
g) consists of several acts or is committed together
with other acts, if a part of it takes place on the
territory of Uzbekistan, it is considered a crime
committed on the territory of Uzbekistan.
If a crime is committed in an air, sea or river vessel
under the flag of Uzbekistan or registered in the port
of Uzbekistan, outside the territory of Uzbekistan and
in a place that is not considered the territory of a
foreign country, such crime shall be prosecuted
according to this Code.
If the issue of responsibility of foreign citizens in
accordance with the current laws, international
treaties or agreements does not belong to the courts
of the Republic of Uzbekistan, they will be resolved in
accordance with the norms of international law if they
committed a crime on the territory of the Republic of
Uzbekistan.
According to the interpretation of the above norms,
criminal prosecution of the acts committed on the
territory of Uzbekistan is clearly defined, regardless of
the category of subjects who committed the crime.
Similarly, Article 12 of the Criminal Code defines the
issue of responsibility of persons who commit crimes
outside the territory of Uzbekistan.
Volume 03 Issue 07-2023
111
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
108-113
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
For example, citizens of the Republic of Uzbekistan, as
well as stateless persons permanently residing in
Uzbekistan, are held liable under this Code if they have
not been punished by the judgment of the court of that
state for a crime committed on the territory of another
state.
A citizen of Uzbekistan may not be detained for a crime
committed on the territory of a foreign country, unless
otherwise provided for in international treaties or
agreements.
Foreign citizens, as well as stateless persons who do
not permanently reside in the territory of Uzbekistan,
are held responsible for crimes committed outside the
territory of Uzbekistan only in cases stipulated by
international agreements or agreements under this
Code.
The concepts of "international agreement" and
"agreement" used in the above paragraph are
explained in a general way, and agreements and
agreements that have not been ratified by the Republic
of Uzbekistan may also be included in its scope.
For this reason, it is appropriate to identify cases in
which foreign citizens, as well as stateless persons who
do not permanently reside in the territory of
Uzbekistan, will be held criminally liable for crimes
committed outside the territory of Uzbekistan.
According to Article 22 of the Constitution of the
Republic of Uzbekistan, "The Republic of Uzbekistan
guarantees legal protection and patronage of its
citizens both inside and outside its territory. "The
current edition of this article does not envisage the
possibility of criminal law being applied by citizens of
the Republic of Uzbekistan to foreign citizens or
stateless persons who do not permanently reside in
Uzbekistan, as well as actions that attack other
interests of the Republic of Uzbekistan.
In cases where foreign contracts and agreements are
not formalized according to the interpretation of the
national legal norms described above, it creates
problems in determining responsibility and criminal
prosecution for crimes committed outside the territory
of Uzbekistan by foreign citizens and stateless
persons.
Therefore, we will consider the experience of foreign
countries and the scientific conclusions of researchers
on this issue.
If we look at the legal practice of foreign countries in
this regard, we can see that the scope of responsibility
of foreign citizens and stateless persons who do not
permanently live in the country is strictly defined.
For example, according to Article 12 of the Criminal
Code of the Russian Federation (hereinafter referred
to as the RF), foreign citizens and stateless persons
who have committed a crime outside the RF and are
not permanent residents of the RF, if the crime is
directed against the interests of the country or its
citizens, are subject to criminal charges according to
this Code. is determined to be held accountable.
A stateless person permanently residing in the Russian
Federation, as well as in the cases stipulated in an
international agreement or another international
document containing obligations in the field of
relations regulated by the Code, if foreign citizens and
stateless persons who do not permanently reside in
the Russian Federation, are subject to criminal liability
in the Russian Federation, if they have not been
convicted in a foreign country.
Volume 03 Issue 07-2023
112
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
108-113
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
In order for this norm to be applied in the Republic of
Kazakhstan, it is required that a person has not been
charged with a criminal offense in a foreign country,
and that this act is considered a crime in the Russian
Federation.
In paragraph 4 of Article 8 of the Criminal Code of the
Republic of Kazakhstan, foreign citizens, as well as
stateless persons who do not permanently reside in
the territory of the Republic of Kazakhstan, have
committed a crime outside the Republic of Kazakhstan,
if this act is directed against the interests of the
Republic of Kazakhstan, if they have not been tried in
another country Kazakhstan In the territory of the
Republic, it is determined to be brought to criminal
responsibility.
In addition, the criminal code of the Republic of
Kazakhstan establishes the prosecution of crimes of a
terrorist, extremist nature, or crimes against the peace
and security of humanity, or crimes related to serious
harm to the interests of the Republic of Kazakhstan in
any other way, regardless of the place of crime,
citizenship.
Rules similar to these norms exist in the criminal
legislation of Germany, France, Korea, Japan, and
Armenia.
According to the Russian researchers Yu.S. Romashev
and D.V. Fetishchev, who conducted scientific research
in this field, based on this principle established by
international standards, certain actions that are
considered crimes under the jurisdiction of the state
are committed outside its territory by persons who are
not citizens of this state. related to the cases.
S.M. Kochoi also expressed an opinion on the
establishment of universal responsibility for criminal
acts committed by foreign citizens and stateless
persons.
The above norm of the criminal law creates problems
in the implementation of criminal prosecution against
foreign citizens and stateless persons for crimes
committed against citizens of the Republic of
Uzbekistan or state interests on the territory of a
foreign state.
In particular, the non-signing of agreements on
international legal cooperation with countries, as well
as the lack of strict determination of the issue of
jurisdiction in national legislation, excludes the
initiation of criminal cases against foreign citizens and
stateless persons, and the sending of criminal case
materials to a foreign country for criminal prosecution.
This leads to non-implementation of international
standards, particularly the rules of jurisdiction
established in FATF recommendations, and is
evaluated as a negative indicator in the study of the
effectiveness of the national system.
As noted, taking into account that the large-scale crime
of money laundering does not only threaten the
economy of a single country, but also undermines the
economic and financial stability of the world
community, it is proposed to include the following
norms in Article 12 of the Criminal Code:
When foreign citizens, as well as stateless persons
permanently residing in the territory of Uzbekistan,
have not been punished by the judgment of the court
of that state for crimes committed outside the territory
of Uzbekistan, when they commit crimes against the
interests of the Republic of Uzbekistan, citizens of the
Republic of Uzbekistan or stateless persons
permanently residing in the territory of Uzbekistan,
international law of the Republic of Uzbekistan shall be
Volume 03 Issue 07-2023
113
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
108-113
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
held criminally liable in the cases stipulated in the
contracts.
The implementation of these suggestions will help in
timely detection and identification of criminally
obtained money and other assets, prevention of new
crimes, establishment of international cooperation and
efficiency in stopping the activities of criminal groups.
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