Administrative and Legal Status of Law Enforcement Agencies as Subjects of Interaction with Financial Institutions in the Sphere of Combating the Legalization of Criminal Proceeds

A. V. Steblianko

doi:10.32631/pb.2019.4.08

A. V. Steblianko Academic and Research Institute of Law Sumy State University

DOI: https://doi.org/10.32631/pb.2019.4.08

Keywords: administrative and legal status, interaction, legalization of criminal proceeds, law enforcement agencies, financial institutions

Abstract

The author has studied administrative and legal status of law enforcement agencies, which are the subjects of interaction with financial institutions in the field of combating the legalization of criminal proceeds. The contents of such categories as status, legal status, administrative and legal status have been clarified. Based on the analysis of the scientific literature, the author has determined that the rights and responsibilities are integral structural elements of the administrative and legal status. It has been noted that two main approaches to determining the structural elements of the administrative and legal status of law enforcement agencies were formed in administrative law science.

The author has provided the list of law enforcement agencies that are empowered to counter the legalization of criminal proceeds and are subjects of interaction with financial institutions. Such agencies are the National Anti-Corruption Bureau of Ukraine, the agencies of the Security Service, the National Police and Prosecutor’s Office, the State Bureau of Investigation, the tax police units of the State Fiscal Service of Ukraine. The necessity to distinguish only such elements of the administrative and legal status of law enforcement agencies as the purpose, tasks, functions, competence, powers, legal responsibility, as well as organizational structure has been proved.

The purpose of the activity of law enforcement agencies in this field has been formulated. Only those tasks and functions of law enforcement agencies that contribute to the achievement of the stated purpose have been considered. It has been emphasized that the competence is the sphere of activity of a certain law enforcement agency, and the authority is the totality of the rights and duties of that agency, granted by the legislation to perform the assigned functions within the competence. It has been established that the employees of the designated law enforcement agencies have disciplinary, civil, administrative and criminal liability. It has been stated that structural units facilitate the implementation of the tasks and functions of a specific law enforcement agency. The author has provided the definition of the administrative and legal status of the subjects that cooperate in the sphere of combating the legalization of criminal proceeds. The place and role of the indicated subjects in the sphere of combating the legalization of criminal proceeds have been determined.

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Author Biography

A. V. Steblianko, Academic and Research Institute of Law Sumy State University

Department of administrative, commercial law and economic security;
postgraduate student;

References

Busel V.T. (compositor and chief ed.), 2005. Great explanatory dictionary of modern Ukrainian language [Velykyi tlumachnyi slovnyk suchasnoi ukrainskoyi movy]. Kyiv; Irpin: Perun.

Nikulina A.H., 2017. Administrative and legal status of pre-trial investigation agencies of the National Police of Ukraine [Administratyvno-pravovyi status orhaniv dosudovoho rozsliduvannia Natsionalnoi politsii Ukrainy]. Ph.D. dissertation. Sumy state university.

Husar O.A., 2013. Administrative and legal status of public administration personnel [Administratyvno-pravovyi status personalu derzhavnoho upravlinnia]. Admìnìistrativne pravo ì proces – Administrative Law and Process, No. 2, pp. 116-123.

Yusupov V.A., 2014. Structure of administrative and legal status of law enforcement agencies of Ukraine [Struktura administratyvno-pravovoho statusu pravookhoronnykh orhaniv Ukrainy]. Naukovij vìsnik Užgorodsʹkogo nacìonalʹnogo unìversitetu. Serìâ Pravo – Uzhhorod National University Herald. Series: Law, Iss. 29, part 2, vol. 4/2, pp. 136-140.

Kramnik A.N., 2002. Course on administrative law of the Republic of Belarus [Kurs administrativnogo prava Respubliki Belarus`]. Minsk: Tesei.

Klekovkina A.V., 2015. Administrative and legal status of agencies authorized to carry out federal state fire inspection [Administrativno-pravovoi status organov, upolnomochennykh osushchestvlyat` federalnyi gosudarstvennyi pozharnyi nadzor]. Vestnik Permskogo universiteta – Perm University Herald, Iss. 1, pp. 23-30.

Hrechaniuk R., 2015. Functions and powers of special anti-corruption agencies of Ukraine, Poland and Moldova: comparative analysis [Funktsii i povnovazhennia spetsialnykh antykoruptsiinykh orhaniv Ukrainy, Polshchi ta Moldovy: porivnialnyi analiz]. Naukovij časopis Nacìonalʹnoï akademìï prokuraturi Ukraïni – Scientific Journal of National Academy of Prosecutors of Ukraine, No. 2, pp. 41–48.

Rieznik O.M., 2019. Administrative and legal principles of law enforcement agencies ensuring financial and economic security of Ukraine [Administratyvno-pravovi zasady diialnosti pravookhoronnykh orhaniv iz zabezpechennia finansovo-ekonomichnoi bezpeky Ukrainy]. D.Sc. dissertation. Sumy State University.

Pluhatar T.A., 2015. Content and structure of administrative and legal status of a law enforcement agency [Zmist ta struktura administratyvno-pravovoho statusu pravookhoronnoho orhanu]. Nauka ì pravoohorona, No. 3, pp. 12-19.