ЗАКОНОДАВЧО-ПРАВОВІ ПРОБЛЕМИ РЕАЛЬНОЇ ДЕОФШОРИЗАЦІЇ ТА ВПЛИВУ НА ТІНЬОВІ ЛАГУНИ

Abstract

The legal aspects of deoffshorization of the financial system of Ukraine is analyzed in the article. It is possible to hide corruption funds and keep capital and assets out of national control exactly in the offshores of foreign countries. Chain offshore corruption is an evil of civilization, as clearly confirmed by the Panama Papers. The latter testified that offshore zones are lagoons where not only oligarchs and big business owners hide their wealth from taxation, but also, as it turned out, public figures, including high-ranking civil servants.

Threats of shadow economy sector growth and involvement of national banking system into legalization schemes of large-scale money laundering in measures of external negative influences, spreading corruption, instability of financial markets and foreign exchange rate leads to increased vulnerability to financial threats of various kinds, distorting the real processes in the national economy, and finally - to the absence of confidence in the financial and economic system of Ukraine, as well as to arising risks related to the possible introduction of the financial crisis. The above mentioned actualizes the necessity for investigation of effective tools, methods and mechanisms concerning combatting money laundering as crime proceeds. There is an urgent need for detailed study of the phenomenon of uncertainty and risk essence that are currently faced as global international problems. Involvement and implementation of risk-based methods requires a profound understanding and processing. Accordingly to the European integration processes, based on the key priorities of the best international experience attracting there should be elaboration of amendments to legislation concerning counteraction to legalization (laundering) of proceeds from crime, terrorist financing and the financing of mass destruction weapons proliferation.

Many foreign countries take part in offshore schemes where capital of dubious  origin is laundered. Thus, according to the National Crime Agency (NCA) and the Royal Institute of Certified Appraisers, the British luxury real estate market has become one of the most tangible areas of money laundering of dubious origin. Last year, about 2.5 million stakeholders took part in this shadow market.