ON THE PROBLEM OF COUNTERING MONEY LAUNDERING, OBTAINED BY CRIMINAL MEANS, AND FINANCING OF TERRORISM AND EXTREMISM

Abstract

The author provided criminological analysis of the relevant legislation in the field of laundering of «dirty money», as well as the proposed optimal legal mechanisms for the effective application of legislation on countering the financing of terrorism. A detailed analysis (monitoring) of the Law «On counteraction to legalization (laundering) of incomes obtained in a criminal means and financing of terrorism» has shown some shortcomings: gaps, conflicts, blanket and corruption of potential standards with the purpose of minimizing the legal consequences of their use. The author suggested considering the issue of extension of the object of the regulation, which, along with terrorism would also include extremism and separatism. The comparative legal analysis in this field leads to the question concerning the efficacy of preventive measures of the financial intelligence unit. Taking into account the research on foreign experience in this field, specific recommendations were given on improving the national legislation.

For the effectiveness of the perception of a large stratum of existing international and national legislation, legal and specialized literature, law enforcement practices in the field of on countering the financing of terrorism, the analytical material will be conditionally divided into three parts: 1. Analysis of the legislation in the territory of Kazakhstan in the research area; 2. Certain limitations of the current Law of the Republic of Kazakhstan " On counteraction to legalization (laundering) of incomes obtained in a criminal means and financing of terrorism"; 3. Recommendations for improving national legislation.