ANALYSIS OF FOREIGN LEGISLATION: UK "CRIMINAL FINANCES ACT"

Abstract

The article analyzes the newly adopted Criminal Finances Act of the United Kingdom. The Act introduces the concept of "unexplained wealth" applied to movable and immovable property for purposes of confiscation in favor of the state. The author notes that the adoption of the Act has caused numerous discussions. According to the Act the enforcement bodies are no longer obliged to prove the connection between income and wealth, as it was in the traditional mechanism of confiscation of property under the conviction. Now the burden of proof is removed on the property owner, who must prove the legal source of his income. The article analyzes the issues of legislative innovations, possible consequences, similar acts of foreign countries, the current legislation of Kazakhstan in the field of combating the legalization of criminal proceeds and the financing of terrorism, the prospects for the adoption of the Act "On Criminal Finances" in Kazakhstan and possible consequences.

On the basis of this analysis the author comes to the conclusion that if the norms of Criminal Finances Act are adopted in Kazakhstan, they will lead to the contradiction between the fundamental principles of Kazakh legal system, constitutional norms and human rights. The adoption of such special act in Kazakhstan, similar to the British one, seems premature by reason of evident disproportion between consequences and benefits. In order to test the country's readiness for such changes, it is possible to propose criminalizing "illegal enrichment" and implement international legal obligation set in the article 20 of the United Nations Convention against Corruption.