BANKING MONITORING OF SUSPICIOUS AND UNUSUAL TRANSACTIONS: LEGAL ASPECT

The article is devoted to the problems of legal qualification of suspicious and unusual transactions of clients in the framework of banking monitoring. The legal regulation of this issue in Russia is extremely insufficient and contradictory. It is based on a number of international documents [2], but does not take into account the basic terms and procedures. This is partly due to the significant adaptation of terrorists to existing norms, the development of new schemes for committing illegal actions, the danger of this phenomenon is noted by many researchers [8]. As a result, tension is created in the financial market, the confidence of entrepreneurs in the banking system falls, and the control of suspicious and unusual transactions is carried out inefficiently. The article identifies the main problems that prevent banks from adequately performing their functions of monitoring operations subject to mandatory control. This is the lack of a clear and understandable system of definitions, gaps in the law and contradictory recommendations of the Bank of Russia, the lack of clear procedures for mandatory control and low financial literacy of entrepreneurs themselves. This leads to the emergence of contradictory judicial practice, when in identical circumstances, the courts make different decisions. The paper proposes to develop a clear system of concepts and procedures of mandatory control, to develop the doctrine of banking monitoring in order to counter the legalization of proceeds from crime and the financing of terrorism, to improve the financial literacy of entrepreneurs. This will allow to achieve a balance of public interests of the state and private interests of business. The article has practical significance. The stated conclusions and proposals can be the basis for new regulations governing the issues of mandatory control. In the course of the research General scientific methods such as analysis and synthesis, deduction and system, as well as private scientific methods: legal modeling and comparative legal were used. The article can be useful for representatives of banks and financial institutions, the Bank of Russia, businessmen, scientists and students, as well as all those interested in this problem.

Bank monitoring, suspicious and unusual transactions, Bank of Russia, legalization of criminal proceeds, financing of terrorism