Problems of Legal Regulation of the Duties of a Lawyer in the Field of Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism

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Abstract

Purpose of the study. The article deals with the problems of legal regulation of the duties of lawyers in the field of combating the legalization (laundering) of proceeds from crime and the financing of terrorism. Conclusions. The authors note the inconsistency of the legislation in the field of regulating the duties of a lawyer to appoint special officials responsible for the implementation of internal control rules, and propose to allow bar associations to appoint such a person. The article raises the question of the relationship between the obligation of a lawyer to report to Rosfinmonitoring about certain transactions, transactions of principals with the requirements of attorney-client privilege. The authors draw attention to the contradiction of the legislation regarding the regulation of whether a lawyer who prepares, but does not make transactions on behalf of a client, is obliged to develop and implement internal control rules.

About the authors

Yulia N. Sushkova

National Research Mordovia State University

Email: yulenkam@mail.ru
Dr. Sci. (Hist.), Professor, head of the Department of International and European Law, Director of the Law Institute Saransk, Russian Federation

Elena I. Shigurova

National Research Mordovia State University

Email: shigurova_elena@mail.ru
Cand. Sci. (Law), Associate Professor, Associate Professor of the Department of Criminal Procedure Saransk, Russian Federation

Alexander V. Shigurov

Middle-Volga Institute (branch) of the All-Russian State University of Justice (RPA of the Ministry of Justice of Russia)

Email: arshigurov@mail.ru
Cand. Sci. (Law), Associate Professor, Head of the Department of Criminal Procedure Law and criminalistics of the Faculty of Law Saransk, Russian Federation

References

  1. Crime indicators in Russia // Legal Statistics Portal. -URL: http://crimestat.ru/offenses_chart.
  2. The concept of countering terrorism in the Russian Federation: approved by the President of the Russian Federation on 05.10.2009) // Rossiyskaya Gazeta. 2009. November 20.
  3. Оn combating the legalization (laundering) of proceeds from crime and the financing of terrorism: Federal Law № 115-FZ of August 7, 2001 // SZ RF. 2001. №o. 33 (part I). Art. 3418.
  4. On Amendments to the Federal Law «On Combating the Legalization (Laundering) of Proceeds from Crime and the Financing of Terrorism»: Federal Law of July 28, 2004 №o. 88-FZ // SZ RF. 2004. №. 31. Art. 3224.
  5. Forty Recommendations of the Financial Action Task Force on Money Laundering (FATF) dated 20.06.2003. -URL: http://eurasiangroup.org/files/FATF_docs/40_recomendations_rus.pdf.
  6. Recommendations on organizing the implementation by lawyers of the requirements of legislation on combating the legalization (laundering) of proceeds from crime and the financing of terrorism. (Аpproved by the Council of the Federal Chamber of Lawyers on September 27, 2007 (protocol № 2)). Access from the reference legal system «ConsultantPlus».
  7. On advocacy and advocacy in the Russian Federation: Federal Law of May 31, 2002 №. 63-FZ // SZ RF. 2002. №. 23. Art. 2102.

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