SOME PROBLEM QUESTIONS ABOUT CREATING LEGISLATION IN THE SPHERE OF ENSURING ECONOMIC SECURITY OF THE POLITY Текст научной статьи по специальности «Экономика и бизнес»

NAUKI PRAWNE - WPMAMMECKME HAYKM

SOME PROBLEM QUESTIONS ABOUT CREATING LEGISLATION IN THE SPHERE OF ENSURING ECONOMIC SECURITY OF THE POLITY

Y. M. Bilousov

Candidate of legal science Associate Professor of the Internation Law National Law University named by Yaroslav Mudry

ABSTRACT

Article focuses on the researching problems of legal ensuring economic security and directions overcome existing disputes. Analyzed scientific approaches to understanding the legal nature of economic security in the context of the creation of a system concept for classification types of economic security. Developed original classification of threats to economic security of the poity and ways to overcome them with suggestions for improvement of the existing legal framework.

Key words: economic security of the polity, economic system, the threat of economic security of the polity, system of providing economic security.

In modern domestic law science among scientists concerned with problems ensuring economic security of the polity is an important task of developing a system concept for classification of types threats to each component of economic security. In scientific circles at present there are several approaches to solving this problem.

There is a category ofscientists who view the threat of economic security without a systematic approach to classification. These authors investigated the threat of economic security in the light of the threats in individual spheres, including the sphere of energy [2], the fiscal sphere [3] ect.

Also possible select works of authors that deal with the threat of economic security at different levels (macroeconomic level -the economic security of the polity, the meso level - economic security of region (rigions), territory, sectors and industries, totality, microlevel of economic security, which are economic agents market, communities, associations, individual level of economic security of the family, individual). It is clear that this distinction is relevant in modern terms, but these authors dod not present a systematic approach to the problem but allocate at its discretion certain threats, which are considered the most relevant, especially can emphasize the threat to energy, threats to the social sphere [4], threats about not enough effective functioning of the executive and legislative branches [5] and others.

One should distinguish scientific works [6], where the threat of economic security are classified into those that depend on internal and external factors. One can cite as an example the classification developed by T.V. Samushenok according to which:

1) External factors that threaten economic security are:

- preponderance commodity exports, the loss of traditional markets and military engineering products;

- dependence of country on imports of many products, including the strategic value of foodstuffs;

- increasing external indebtedness;

- insufficient export and foreign exchange controls and no isolation customs border;

- undeveloped of modern financial, organizational and information infrastructure to support the competitiveness of

export and import structure rationalization;

- undeveloped transport infrastructure, serving export and import operations.

2) To internal factors that threaten the economic security include:

- inherited from past structural deformation of the economy;

- low competitiveness of the national economy caused retardation technological base of most industries, high energy consumption and resource;

- the high monopolization of the economy;

- high inflation;

- insufficient development and stainability objects of infrastructure and so on.

We believe that this classification by internal and external factors that present a threat to economic security is certainly relevant, but T.V. Samushenok [6] did not use a systematic approach to identifying but highlighted only the types of threats that, in his opinion prevail. Though, as the experience of economic development it is necessary to consider all possible threats using an objective assessment factors.

There are scientific approaches in which the threat of economic security classified in view of the potential and real threats.

Specified division also deserves attention, but their research in scientific environment is narrowly scientific sphere of research. For example, V.N. Kurmayeva [7] indicates that:

- the potential risks exist for a long time (almost always) caused by long term factors and geopolitical situation of the country;

- and the real (actual) they they will become in connection with the general crisis in the domestic environment, exacerbation of external and internal contradictions.

V.N. Kurmayeva [7] review these threats to economic security, which on her opinion arethe most relevant, including the increase in property differentiation of the population, increasing poverty and economic structure deformation. This update threats in our view is limited and one that does not correspond to the real condition needs to ensure economic security.

Deserve attetion classification of threats to economic security developed by Z.S. Varnaliy [10] based on the principle of

meaningful features, including: threats on the location of (2 classification level), the degree of security, the ability to exercise, the duration of action, according to the emergence of threats targeting the nature, scale implementation. This classification, according to the author, is important in terms of theoretical understanding of the structure of economic security threats.

There qualification of economic security developed G.G. Balabanov, L.G. Galkin, T.O. Davydenko, L.I. Zhuravlyov [10] which in our opinion the most relevant existing basic types of threats to economic security.

So G.G. Balabanov, L.G. Galkin, T.O. Davydenko, L.I. Zhuravlyov [10] propose to review internal and external threats to economic security, thus:

1) Internal threats (most dangerous) include the following:

- strengthening the structural deformation of the economy, that is reproduction disparities prevailing in the economy and related anomalies (analog production security threats as part of economic security);

- reduction of investment and innovation activity and destruction of scientific and technological potential (analog threats to the security of investment and innovation, as components of economic security);

- the threat of converting the polity to raw periphery of the developed countries (analog threat from the field of foreign security as a component of economic security);

- increased import dependence Food and Consumer Products (analog threat from the sphere of external security as a component of economic security);

- the source of domestic capital abroad, export of currency resources outside (analog threats in currency sector from financial security as a component of economic security);

- Deepening of property stratification of society into riches and poores (analog threat of social security as a component of economic security);

Pic. 1. Classification threats to economic security of the polity for the substantive elements [9]

- the amount of external debt (analog threat from budget sector in the sphere of financial security and threats in macroeconomic sector as components of economic security);

- excessive openness of the economy (analog threat in macroeconomic sector as part of economic security);

- the threat of criminalization of the economy (analog threat in macroeconomic sector as part of economic security);

2) External threats including:

- technological blockade because of the country's delay in science and technology (analog threat in innovation and technological field as part of economic security);

- food vulnerability because of dependence on food imports (analog threat in the food sector as a component of economic security);

- the negative impact of the world, financial, currency markets to the domestic market that is not fully grown yet (analog threat in macroeconomic sector as part of economic security);

- loss of markets (analog threat in macroeconomic sector as part of economic security).

But these authors [10] have not provided threat of energy, information and ecological components of economic security.

A similar approach through division threats to internal and external represented L.I. Grigorova-Berenda, [11] classification

is also, as previous authors [10] systematically take into account the major trends of the threats of economic security. L.I. Grigorova-Berenda [11] select internal and external threats, thus:

1) Internal attribute offers:

- adverse political and legal climate;

- insufficient funding of NDDKR

- low value added;

- reducing the production of high technical products;

- unstable investment activities;

- decline in production;

- outflow of qualified cadres;

- structural deformation of the economy;

- high energy intensity of production;

- depreciation of basic assets;

- underground economy and corruption;

- underdeveloped infrastructure;

- deterioration of the environment condition;

2) External:

- irrational structure of exports;

- import dependence and loss of domestic markets;

- outflow of foreign currency;

- terrorism and criminalization;

- inefficient growth of foreign capital;

- increase in external debt;

- limited access to foreign markets;

- the struggle for natural resources.

A more meaningful research of scientific papers and regulatory framework about the classification of economic security threats and trends will enable them to overcome in our view to develop a systematic classification of economic security threats indicating the economic and legal means to overcome them.

So, is offered as an economic and legal means to overcome these crises for each type of threat in law to determine legal act that would regulate the provision of this type of threat would determine the order of commercial relations and economic responsibility if these threats are governed by national law and regulating the procedure for protecting economic security of the polity within the legal framework in defense of national economic interests threatened by external agents.

The proposed legal instrument should include in our opinion a coherent system of economic security threats with an indication of the economic and legal means to overcome them, to consider each of these pre-existing regulatory approaches to solving this problem, reflect the real state of the dangers of this type in the context of globalization and the impact of the crisis and the need to economic and legal protection of economic interests of the polity.

List of using literature:

1. Konyashina G.B. Threats to national economic security of the Russian Federation in the context of globalization [Text] / Konyashina G.B. // Social Ecology. Human Ecology. - 2005. - 3 6 - P. 39-43

2. Smirnova L.N. Reducing threats to economic security of the polity through a system of financial and budgetary control [Text] / Smirnova L.N. // Vestnik St. Petersburg University of the Ministry of Interior of Russia. - 2009. - № 1 (41). - P. 104-

111

3. Mukhin I.V. The economic security of modern Russia: threats and prospects for [Text] / Mukhin I.V. // Economics and Management. Economic sciences. - 2012. - № 1 (86). - P. 188-191

4. L'vovich I.Y. Threats factors to the economic security of the polity [Text] / L'vovich I.Y., A.A. Voronov, Y.P. Preobrazhenskiy // Information and Security. - 2006. - № 1. - P. 36-39

5. Samushenok T.V. Modern threat to the economic security of Russia [Text] / Samushenok T.V. // News inform of the Russian State Pedagogical University. A.I. Hertsena. Social and Humanities Sciences. - 2008. - № 73-1. - P. 405-408

6. Kurmayeva V.N. The real and potential threats to the economic security of Russia in the 21st century [electronic

resource] / V.N. Kurmayeva. - Mode of access: http://www.rae. ru/forum2012/21/659

7. Korzhov G.V. The economic security of Russia: external relations [Text] / G.V. Korzhov. - M .: «Informdinamo», 1996. - P. 60

8. Economic Security [Text] teach. guidances. / Under total. ed. Z.S. Varnaliya. -K. : Knowledge, 2009. - 647 p.

9. Balabanov G.G. Global economic problems of our time [Text]: studies. Manual / G.G. Balabanova, L.G. Galkin, T.A. Davydenko, L.I. Zhuravlyova. - Belgorod: Published BGTU named by V.G. Shukhov, 2005. - 106 p.

10. Grigorova-Berenda L.I. External economic security: the nature and threat [Text] / Grigorova-Berenda L.I. // Problems of economics. - 2010. - № 2. - P. 39-46

THE DEFINITION OF «MONEY LAUNDERING» IN THE INTERNATIONAL LAW AND UKRAINIAN LEGISLATION: CONCEPTS AND APPROACHES TO UNDERSTANDING

Bysaga K.V.

PhD student, mechanisms of public administration Ivano-Frankivsk National Technical University of Oil and Gas

ABSTRACT

In the last years the vast majority of countries recognized that «laundering» of criminal incomes constitutes a serious threat not only to the normal functioning of the financial and credit system but also threatens democratic systems of governance and public administration. Legitimisation (laundering) of funds obtained by criminal means is a final stage of a conversion of a property gained illegally into legal assets, resulting in a socially dangerous concentration of the economic power, and then, through its use, also the political power in the hands of separate criminals and their groups and clans alike. In this context, the majority of countries today is working out methods and ways for combating money laundering and criminalise such actions. On 17 December 1997, Ukraine has ratified the Convention «On Laundering, Search, Seizure and Confiscation of the Proceeds from Crime» (1990). In conformity with the provisions of the Article 9 of the Constitution of Ukraine, duly ratified international agreements form a part of the national legislation. In this connection, there is a need to implement the norms of the said convention into the national legislation of Ukraine. However, the problem of criminalisation of the «laundering» of funds is not limited to this act only; after all, a well-grounded analysis of not only foreseeable essential elements of the future offence, the social conditionality of actions but also a definition of the respective term «laundering of funds» is required.

Key words: money laundering, laundering of criminal incomes, legislation, legalisation, code, definition, criminalisation, prevention, assets.

Statement of the problem. The significance of the international cooperation in combating the criminal incomes lies not only in creation of effective mechanisms to cope with the transnational forms of the laundering of proceeds generated from criminal activity, but also in a formation of a single global «anti-money laundering language», of a conceptual framework, without which an effective policy of combating the criminal incomes is impossible. Of particular relevance in this regard is the wording of the «money laundering» concept the definition of which in the national legislations is unjustifiable diverse.

The approximation of Ukrainian legislation to international standards, the implementation of the provisions of international documents in a critically important sphere of the fight against criminal incomes, is an expression of a strategic direction of the policy of Ukrainian state aimed at Ukraine's integration into the community of civilized countries. It seems that implementation of the aforementioned relevant tasks requires special studies of this matter.

The aim. The aim of this article is to conduct a comprehensive analysis of the provisions of international law and foreign legislation with respect to the concept of «money laundering» as a social-juridical phenomenon, definition of the specificity and

functions of this concept, determination of the characteristics of laundering of criminal incomes as an international phenomenon.

The aim above has led to setting and solving the following tasks:

• identification of the specificity of laundering of criminal incomes as an international phenomenon;

• formulation of general characteristics of Ukrainian legislation in terms of a definition of a concept of «money laundering» and its relation to the provisions of international documents:

• identification of major imbalances between Ukrainian and international legislation in this sphere and formulation of the respective proposals as to improvement of Ukrainian «anti-money laundering» legislation.

The subject matter and the scope of the study. The subject matter of the study are problems of the wording of the concept of «money laundering» in the national legislations and practice of the use in them of the legal framework of the international legislation as to combating legalisation of criminal proceeds.

The scope of the study are provisions of international legal documents on countering money laundering of Ukrainian