Issue: № 7, 2025
Doi: https://doi.org/10.37634/efp.2025.7.11
Subject of legalization (laundering) of property obtained by crime (comparative analysis) The characteristics of the subject of legalization of property are outlined, in particular the characteristics of the qualified composition of legalization of property as the use of opportunities related to the performance of professional activities in property laundering and the systematic nature of property laundering activities. The conclusion is made about the diversity of approaches to determining the characteristics of criminal liability in the legislation of the EU states. It is determined that borrowing individual provisions of the criminal legislation of the EU states would contribute to improving the regulation of criminal liability for legalization of property. The examples of the legislation of the EU states on criminal liability for the legalization of property give grounds for concluding that there is a variety of approaches to determining its features in the legislation of the EU states, despite the unity of the minimum standards of its criminalization, compliance with which can be stated in relation to the criminal legislation of Ukraine. However, in our opinion, borrowing certain provisions of the criminal legislation of the EU states would contribute to improving the regulation of criminal liability for the legalization of property. First of all, we draw attention to the fact that the sanctions of the norms enshrined in various parts of Art. 209 of the Criminal Code of Ukraine provide for a punishment in the form of deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years. However, no part indicates such a feature of the subject of property legalization as an official or other similar feature, which gives the above-mentioned punishment an abstract character. Therefore, using the experience of France, in Art. 324-2 of the Criminal Code, which provides for such a sign of the qualified composition of property legalization as the use of opportunities related to the performance of professional activities and the systematic nature of property laundering activities, could improve the norms enshrined in Article 209 of the Criminal Code of Ukraine. The sign of “use of opportunities related to the performance of professional activities” taking into account the vocabulary of the Criminal Code of Ukraine can be formulated as “abuse of power or official position by officials, or abuse of authority by persons providing public services”. The sign of the systematic nature of property abuse activities reflects the fact that property laundering for a person constitutes a criminal enterprise.
Keywords : subject of criminal offense, legislation of the EU states, criminal liability, legalization (laundering) of property, crime, criminal legislation, international cooperation, comparative legal analysis
References:
1. Criminal Code of France. URL: https://www.equalrightstrust.org/ertdocumentbank/french_penal_code_33.pdf
2. Espana. Criminal Code. 2013. URL: https://www.mjusticia.gob.es/es/AreaTematica/DocumentacionPublicaciones/Documents/Criminal_Code_2016.pdf
3. The Criminal code of the Republic Poland. URL: https://www.legislationline.org/documents/section/criminal-codes/country/10/Poland/show
4. The Criminal code of Sweden. URL: https://sanctionscanner.com/Aml-Guide/anti-money-laundering-aml-in-sweden-129
5. The Criminal code of Denmark. URL: https://www.lexology.com/library/detail.aspx?g=19d424ba-459a-4846-833c-68976eab5c04
6. The Criminal code of Norwen. URL: https://lovdata.no/dokument/NLE/lov/2018-06-01-23
7. The Criminal code of Finland. URL: https://rahanpesu.fi/en/money-laundering
8. Act on penalties for money laundering offences. issued on 15 May 2014. URL: https://www.government.se/contentassets/b202f4b9e9e44ded80b29fa6f62fbb2d/act-on-penalties-for-money-laundering-offences-2014307/
9. Anti-Money Laundering Laws and Regulations China 2023. URL: https://iclg.com/practice-areas/anti-money-laundering-laws-and-regulations/china