The Ways of the Terrorism Financing as a Sircumstance which is to be Prooved in a Criminal Proceeding
Keywords:
terrorism financing, terrorism, criminal proceeding, proof, the ways of terrorism financing
Abstract
In the article the objective aspect of crime, responsibility for which is established by the Article 258–5 (Terrorism Financing) of the Criminal Code of Ukraine, is examined. It is established that the terrorism financing may be performed as assets’ provision and collection and operations with financial assets. The analysis of all terrorism financing forms allowed distinguishing the ways of its commission that are the subjects of proof in criminal proceeding. It is emphasized that there are difficulties in proving the terrorism financing fact which in our opinion is caused by inconsistency of the terrorism financing ways. The provision of assets, as one of the terrorism financing forms, is active subject’s action stipulating transfer to person, organized group or illegal armed units for the purpose of funds disposal or usage intended for terrorists financing, terroristic organization, preparing or committing at least one of the crimes listed in Article 258–5 of the Criminal Code of Ukraine. The provision of funds occurs in cases when a person owns it and gives it to somebody realizing that it will be used fully or partly for terroristic activity. The collection of assets as the form of terrorism financing, stipulates subject’s actions aimed at search, receipt, accumulation or saving money intended for financial or material provision of terrorist activity, terrorist group or particular terrorist. The collection of assets may be performed through creation of non-commercial organizations. Criminal proceeding of operations with financial assets – provision of financial services as one of the terrorism financing ways stipulates banking and insurance services, services at the stock market, services offered by financial organization and related to attraction and placement of legal entities and private persons’ funds. The necessity of forming and verifying evidence for maximum efficiency of proving in criminal proceedings on terrorism financing is emphasized.Downloads
Download data is not yet available.
Abstract views: 128 PDF Downloads: 352
How to Cite
[1]
Tsiupryk, I. 1. The Ways of the Terrorism Financing as a Sircumstance which is to be Prooved in a Criminal Proceeding. Law Magazine of the National Academy of Internal Affairs. 11, 1 (1), 44-53.
Issue
Section
Combating crimes: theory and practice
Copyright (c) 2017 Law Magazine of the National Academy of Internal Affairs
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
