ПРОБЛЕМИ КОНСТРУЮВАННЯ СТ. 209 КК УКРАЇНИ

Abstract

Ukraine ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime (1990), the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of Proceeds from Crime and on the Financing of Terrorism (2005). According to the Constitution of Ukraine, the current international treaties, the consent of which is rendered binding by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine. In this context, in Art. 209 of the Criminal Code of Ukraine provides for the responsibility for the legalization (laundering) of proceeds of crime.
The wording of this article has repeatedly undergone changes to both its dispositions and sanctions. However, the current version of it calls into question, which complicates its practical application.
Criminal liability issues for the legalization (laundering) of proceeds of crime have been the subject of much research. Suggestions for improvement of Art. 209 of the Criminal Code of Ukraine. However, they did not touch on a number of provisions of the current wording of Art. 209 of the Criminal Code of Ukraine, which, in our opinion, require adjustment. In particular, the content of the title of Art. 209 of the Criminal Code of Ukraine, which refers to the legalization (laundering) of proceeds of crime, and the content of the provisions of part one, which states about the commission of a financial transaction or a transaction with funds or other property obtained as a result of committing a socially unlawful act. In addition, it is necessary to agree on the content of the concept of "socially dangerous unlawful act, which preceded the legalization (laundering) of income", cited in paragraph 1 of the Note to Art. 209 of the Criminal Code. After all, disclosing the meaning of this concept, we also mention the crime. Further. In the title and text of Art. 209 of the Criminal Code of Ukraine used the terms "income", "funds or other property". Considering that the meaning of the term "income" covers the meaning of the terms "means" and "property", it is this term - "income" should be used in Art. 209 of the Criminal Code of Ukraine and do not overload it with other terms.
Editing of Art. 209 of the Criminal Code of Ukraine will ultimately contribute to the optimization of criminal liability for the legalization (laundering) of proceeds of crime, the elimination of misunderstandings in its application, which, in turn, will increase the level of respect for human rights, the effectiveness of law enforcement and judicial activity.