Limits of criminalization of corruption: on the example of money laundering
DOI:
https://doi.org/10.31489/2023L1/66-74Keywords:
corruption, money laundering, criminal law, legislative technique, FATF, qualification of criminal offensesAbstract
Currently, there is a tendency in the criminal legislation to “expand the content and scope” of corruption and money laundering. On the one hand, the number of criminalized acts belonging to the group of corruption crimes is increasing, on another hand, the volume of laundering of criminal doses is also growing due to the increase in the number of its predicate crimes. This naturally affects the structural changes in the criminal law, as well as changes in judicial and investigative practice. The implementation of the recommendations of international conventions into national legislation and law enforcement practice significantly changes the le[1]gal institutions and principles of activity established in it. From this position, some kind of merging of such the most voluminous phenomena in the criminal cycle as “corruption” and “money laundering” was a matter of time. However, the implementation of this task in the current criminal legislation of the Republic of Ka[1]zakhstan in law enforcement practice leads, in the author's opinion, in the issues of qualification of criminal offenses to the emergence of internal disagreements with the principles of legality, justice, completeness of coverage of public relations by the legal regulator. According to the author, the correct definition of the framework for the correlation of these two phenomena at the legislative level will become the basis for the correct organization of measures to counter them.