Limits of criminalization of corruption: on the example of money laundering

N. N. Niyetullayev
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Abstract

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- 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- 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
贪污犯罪化的限度:以洗钱为例
当前,我国刑事立法有“扩大腐败和洗钱的内容和范围”的趋势。一方面,属于腐败犯罪集团的犯罪行为数量正在增加,另一方面,由于其上游犯罪数量的增加,犯罪剂量的洗钱量也在增加。这自然会影响到刑法的结构性变化,以及司法和侦查实践的变化。将国际公约的建议落实到国家立法和执法实践中,大大改变了公约所确立的法律制度和活动原则。从这个角度来看,将犯罪循环中数量最多的现象,如“腐败”和“洗钱”,某种程度上合并是一个时间问题。然而,在执行这一任务的哈萨克斯坦共和国现行刑事立法的执法实践中,作者认为,在刑事犯罪的资格问题上,法律监管机构与合法性、正义、公共关系覆盖的完整性原则出现了内部分歧。笔者认为,在立法层面正确界定这两种现象的关联框架,将成为正确组织应对措施的基础
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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