History of the formation and development of legal regulation of the EU member states cooperation оn combating legalization of illegally obtained incomes Cover Image

Історія становлення та розвитку правового регулювання співробітництва держав-членів ЄС з протидії легалізації доходів, отриманих злочинним шляхом
History of the formation and development of legal regulation of the EU member states cooperation оn combating legalization of illegally obtained incomes

Author(s): V. I. Shkurko
Subject(s): International Law
Published by: Національний юридичний університет імені Ярослава Мудрого
Keywords: legalization of illegally obtained incomes; transnational crimes; "money laundering"; European Union; EU AML directives;

Summary/Abstract: The article is devoted to the study of the history of the formation and development of legal regulation of cooperation between EU Member States оn combating legalization of illegally obtained incomes (money laundering). Such an analysis is relevant, since it provides an opportunity to follow the evolution of such cooperation and ways to improve the forms and mechanisms of collective activity of states in this area, which can serve as a model for best practices aimed at increasing the efficiency of both national measures to combat money laundering and those which can be applied in other regional institutions. It was stated that the legal regulation of the EU's activities in the field of struggle against “dirty money” developed on the basis of legal developments, which was formed and continues to evolve at the universal international legal level and within the framework of the Council of Europe. It has been found that the specifics of the regulation of the combating money laundering in the European Union are due both to the level of integration of its Member States and to the peculiarities of regulation of issues that are the subject of their common interest. Attention is drawn to the fact that the creation of a common market has encouraged Member States to find an optimal model for ensuring its normal and safe functioning. Therefore, despite the fact that the fight against crime is primarily the competence of each Member State, and the joint solution of problems in this area takes place through the use of intergovernmental methods of cooperation, the Union, nevertheless, introduces in relation to counteracting the legalization of funds obtained illegally, supranational regulation through the adoption of directives. The latest directives take into account current trends in financial crime, committed with the use of the latest technologies and often with the participation of transnational criminal organizations.

  • Issue Year: 2019
  • Issue No: 145
  • Page Range: 256-267
  • Page Count: 12
  • Language: Ukrainian