Князькина А.К. Регулирование ответственности за легализацию преступных доходов: национальный и международно- правовой аспекты

Аннотация: It is stated in the literature on criminal and legal aspects that the Criminal code comprises many groups of essential elements of offense that include characteristic features of identical meaning. This fact sets conditions for the necessity to distinguish the conceptions, when legally categorizing them. In order to know what rules shall be applied, it is required to determine the relationship between the essential elements of offence with regard to which the shared, that is, identical characteristic features have been found out. This relationship can become apparent in the essential elements of offence being allied or in such that are provided by the competitive norms. There is a difference between the rules to overcome the competition between the criminal and legal norms and the rules to distinguish the allied essential elements of offence as well as a difference in the moment of origination of the competition between the criminal and legal norms and the adjacency of the essential elements of offence. That is why the problem to determine the relationships between the adjacency phenomena and other similar criminal and legal phenomena, in particular, such as the competition of criminal and legal norms, is theoretically important and practically significant. These phenomena are brought together by the availability of rather a large number of similar features. First of all, both the allied essential elements of offence and those provided by the competitive norms have the characteristic features that fall together by implication. Moreover, only one norm providing these essential elements of offence shall be applied in each specific case. And, lastly, there is a problem of choice of a norm with regard to categorization of one and the same crime. Comparative study and analysis of the essential elements of offence having the shared characteristic features enable to identify the criteria that make it possible to determine the way the essential elements of offence to be distinguished are related. It is the nature of relationship between the norms providing these essential elements of offence; the nature of relation of the shared characteristic features of these essential elements of offence; the nature of relationship between the characteristic features the meanings of which are different with regard to the essential elements of offence having the shared characteristic features. The relationship between the shared characteristic features provided by the norms that can compete in terms of the part and the whole unlike the relationship between the shared characteristic features of the allied essential elements of offence is characterized by the fact that the set of the characteristic features shared by the essential elements of offence provided by the norms competing in terms of the part and the whole is a part of the characteristic features of the essential elements of offence provided by the norm in the whole and, at the same time constitutes the independent essential elements of offence. The relationship between the shared characteristic features of the essential elements of offence provided by the norms competing as the general and special ones is characterized by the fact that all the characteristic features of the essential elements of offence contained in the general norm are included in the special norm as well. The trait of the relationship between the characteristic features with different implications in the essential elements of offence provided by the norms competing in terms of the part and the whole is that the compound essential elements of offence have additional characteristic features not included into the essential elements of offence related to it as a part. But the latter has no characteristic features corresponding to these additional characteristic features of the compound essential elements of offence. In order to prove the nonidentity of the relationship between the essential elements of offence provided by the competitive special norms and the relationship between the allied essential elements of offence, it is required, firstly, to determine the availability of the characteristic features that consolidate the competition of special criminal and legal norms with other types of competition in the criminal law; secondly, to attest the availability of the criteria by which the essential elements of offence provided by the competitive special norms differ from the allied essential elements of offence.

Abstract: It is stated in the literature on criminal and legal aspects that the Criminal code comprises many groups of essential elements of offense that include characteristic features of identical meaning. This fact sets conditions for the necessity to distinguish the conceptions, when legally categorizing them. In order to know what rules shall be applied, it is required to determine the relationship between the essential elements of offence with regard to which the shared, that is, identical characteristic features have been found out. This relationship can become apparent in the essential elements of offence being allied or in such that are provided by the competitive norms. There is a difference between the rules to overcome the competition between the criminal and legal norms and the rules to distinguish the allied essential elements of offence as well as a difference in the moment of origination of the competition between the criminal and legal norms and the adjacency of the essential elements of offence. That is why the problem to determine the relationships between the adjacency phenomena and other similar criminal and legal phenomena, in particular, such as the competition of criminal and legal norms, is theoretically important and practically significant. These phenomena are brought together by the availability of rather a large number of similar features. First of all, both the allied essential elements of offence and those provided by the competitive norms have the characteristic features that fall together by implication. Moreover, only one norm providing these essential elements of offence shall be applied in each specific case. And, lastly, there is a problem of choice of a norm with regard to categorization of one and the same crime. Comparative study and analysis of the essential elements of offence having the shared characteristic features enable to identify the criteria that make it possible to determine the way the essential elements of offence to be distinguished are related. It is the nature of relationship between the norms providing these essential elements of offence; the nature of relation of the shared characteristic features of these essential elements of offence; the nature of relationship between the characteristic features the meanings of which are different with regard to the essential elements of offence having the shared characteristic features. The relationship between the shared characteristic features provided by the norms that can compete in terms of the part and the whole unlike the relationship between the shared characteristic features of the allied essential elements of offence is characterized by the fact that the set of the characteristic features shared by the essential elements of offence provided by the norms competing in terms of the part and the whole is a part of the characteristic features of the essential elements of offence provided by the norm in the whole and, at the same time constitutes the independent essential elements of offence. The relationship between the shared characteristic features of the essential elements of offence provided by the norms competing as the general and special ones is characterized by the fact that all the characteristic features of the essential elements of offence contained in the general norm are included in the special norm as well. The trait of the relationship between the characteristic features with different implications in the essential elements of offence provided by the norms competing in terms of the part and the whole is that the compound essential elements of offence have additional characteristic features not included into the essential elements of offence related to it as a part. But the latter has no characteristic features corresponding to these additional characteristic features of the compound essential elements of offence. In order to prove the nonidentity of the relationship between the essential elements of offence provided by the competitive special norms and the relationship between the allied essential elements of offence, it is required, firstly, to determine the availability of the characteristic features that consolidate the competition of special criminal and legal norms with other types of competition in the criminal law; secondly, to attest the availability of the criteria by which the essential elements of offence provided by the competitive special norms differ from the allied essential elements of offence.