International standards in the system of financial monitoring of Ukraine: issues of implementation

  • Tetyana Shulga Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
  • Mariia Perepelytsia Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
  • Pavlo Duravkin Yaroslav Mudryi National Law University, Kharkiv, Ukraine
  • Maxim Sharenko Yaroslav Mudryi National Law University, Kharkiv, Ukraine.
Keywords: system of financial monitoring; laundering of income obtained by illegal means; regulatory framework in the field of counteracting the legalization of income obtained by illegal means; institutional component; financial monitoring bodies and agents; functional (procedural) component; international information interaction; principles of international cooperation in the field of financial monitoring

Abstract

This article presents an analysis of issues of legal implementation of international norms, principles and standards generally accepted in developed economic countries, in particular, the countries of the European Union and the USA, into the national legal system of financial monitoring of Ukraine. The structural characteristic of the financial monitoring system inherent in any state was taken as a basis, and the authors analyzed the internal national financial monitoring system of Ukraine, its features and gradual modification. The article, through the prism of a review of the main elements of the financial monitoring system, draws conclusions about the possible results of such an implementation, as well as about the prospects for global integration trends in this area further. Following the article, it was concluded that, on the one hand, thanks to active cooperation with authoritative international organizations working in the field of Anti-money laundering and combating the financing of terrorism, the national financial monitoring system was able to rise to a new level of activity in preventing illegal income from entering the legal economy. At the same time, such cooperation was carried out to a greater extent not in a directive and administrative manner, but, in general, had a methodological and consultative nature and dealt with a fairly wide range of issues in this area. On the other hand, it is possible to make a disappointing conclusion that such work, which, of course, brought its positive results, nevertheless, was more carried out on paper, because, when trying to implement some international standards into domestic law, there were a number of difficulties. This reduces the effectiveness of the important and necessary work, which was done in the field of reforming the legal system of financial monitoring of Ukraine. In this regard, Ukraine continues to be under the scrutiny of international organizations and should continue to cooperate with them in the field of Anti-money laundering and combating the financing of terrorism.

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Author Biographies

Tetyana Shulga, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

Tetyana Shulga – PhD. in Law, associate professor of the department of financial law, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

Mariia Perepelytsia, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

Mariia Perepelytsia – Doctor of Law, professor of the department of financial law, Yaroslav Mudryi National Law
University, Kharkiv, Ukraine.

Pavlo Duravkin, Yaroslav Mudryi National Law University, Kharkiv, Ukraine

Pavlo Duravkin – PhD. in Law, associate professor of the department of financial law, Yaroslav Mudryi National
Law University, Kharkiv, Ukraine

Maxim Sharenko, Yaroslav Mudryi National Law University, Kharkiv, Ukraine.

Maxim Sharenko – PhD. in Law, associate professor of the department of financial law, Yaroslav Mudryi National
Law University, Kharkiv, Ukraine.

References

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VRU (VerkhovnaRada of Ukraine) (2002) Law of Ukraine “On the prevention and counteraction to the legalization (laundering) of income, obtained by illegal means” dated November 28, 2002. [Electronic resource]. - Access mode: http://search.ligazakon.ua/l_doc2.nsf/link1/T020249.html (accessed February, 2019)

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Published
2019-04-29
How to Cite
Shulga, T., Perepelytsia, M., Duravkin, P., & Sharenko, M. (2019). International standards in the system of financial monitoring of Ukraine: issues of implementation. Amazonia Investiga, 8(19), 266-277. Retrieved from https://www.amazoniainvestiga.info/index.php/amazonia/article/view/228
Section
Articles
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