Peculiarities of Criminal Liability for Drug Money Laundering in Ukraine
Abstract
The article is devoted to the genesis and peculiarities of criminal liability for the use of proceeds derived from illicit drug trafficking. The existence in the Ukrainian criminal law of two norms that foresee liability for actions related to the use of proceeds derived from criminal activity requires an explanation of this situation in the historical plan of its occurrence. The arguments are given in the article underline that the norms intended to protect legal relations related to the use of proceeds derived from criminal activities, in particular from illicit drug trafficking, were not made under influence and as a result of significant and unexpected changes in the political, economic or social situation, the emergence a new group or a substantial change in existing relations that are taking place in economic or technical progress, but as a result of the necessity for the country to fulfill its obligations under international agreements. During the formation of the norms, the experience of other countries and the methodological recommendations of international organizations were used. These norms are conventional by nature. The Art. 306 of the Criminal Code of Ukraine was developed and implemented under the influence of the provisions of the Vienna Convention of 1988, the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, and therefore, counteracts the use of funds derived from narcotic drugs and psychotropic substances. Later, when together with the development of criminal legislation in other the countries, another norm was introduced in the Criminal Code (Art. 209 of the Criminal Code of Ukraine), which provides for liability for legalization (laundering) of proceeds from any type of criminal activity, the articles 306 of the CC of Ukraine was left unchanged in the code. This in some way puts crimes in the field of drug trafficking in a privileged position, before other serious crimes, such as trafficking in human beings and human organs, weapons, etc. The general trend in development of this kind of norms suggests their unification regardless of the source of criminal proceeds. Reconsidering existing norms in the Ukrainian criminal legislation on combating the use and legalization of criminal assets, their components and objects of legal protection will help in the formulation of proposals aimed at improving the national criminal law and its application in practice.
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