Зарубежный и отечественный опыт раскрытия предикатных преступлений

Аннотация

Ключевые слова: В статье проанализированы вопросы, связанные с легализация доходов, выявлением и определением предикатных преступлений, полученных преступным которые рассматриваются как основное преступление при путем, совершении преступлений, связанных с легализацией предикатные преступления, доходов, полученных преступным путем. Также в статье финансовое обеспечение, проанализированы международные конвенции, которые условность. следует учитывать странам при определении предикатного преступления, и разработано определение, подходящее для законодательства Узбекистана. Currently, consistent work is being carried out in the field of combating crimes related to the legalization of income from criminal activities. In particular, the decree of the president of the Republic of Uzbekistan of June 28, 2021, PF-6252 "On approval of the strategy for the development of the national system of the Republic of Uzbekistan to combat the legalization of income from criminal activity, financing of terrorism and the distribution of weapons of mass destruction" was adopted. The decree approved the strategy for the development of the National system of the Republic of Uzbekistan to combat the legalization of income from criminal activities, financing of terrorism, and financing the distribution of weapons of mass destruction (strategy in the coming places), which set the task of establishing the procedure for conducting financial investigations and the category of predicate crimes in order to In 1989, the Financial Action Task Force (FATF) was created to develop and implement measures to combat legalization nationally and internationally. It developed 40 recommendations for the member states by the organization, and in the 3rd recommendation it placed a requirement to establish a predicate crime for the crime of legalization for the member states. According to this requirement, member states were required to define all crimes as predicates or associate crimes with a specific term of imprisonment, or establish predicate crimes based on certain criteria. In the adopted conventions on crimes related to the legalization of income from criminal activity, the list of predicative crimes is tied to these types. For the Vienna Convention of 1988, this is the illegal circulation of narcotic drugs and Psychotropic Substances, transnational organized crimes for the Palermo convention of 2000, etc. Especially for conventions dedicated to the fight against the legalization of criminal income, the list of predicative crimes is naturally wider. Thus, according to Article 1 of the Strasbourg Convention of 1990, "predicate crime" is understood as any crime from which income is received, which, in accordance with Article 6 of this convention, can become an object of the crime (i.e. the subject of money laundering). I.N. Solovyov believes that a predicate crime is a crime committed with selfish motives, as a result of which illegal property is acquired and subsequently legalized. Also, Lyaskalo A. N. ESA described it as " the legalization of money and other property acquired in a criminal way is a logical continuation of the main (predicate) crime". One of the Russian scientists D.A. Ashin says that “a predicate is a condition in which it is impossible 294 Жамият ва инновациялар – Общество и инновации – Society and innovations Special Issue – 02 (2023) / ISSN 2181-1415 to imagine the commission of the main crime without the previous, simultaneous or subsequent actual commission or the intention to commit another crime in the past”. Any crime introduced in the Criminal Code of the Republic of Uzbekistan is considered a predicate for money laundering if it leads to criminal income. However, neither the Criminal Code nor the Law "On the fight against the legalization of income from criminal activities, the financing of terrorism and distribution of weapons of mass destruction "describe" predicate crimes". The term predicate crimes would have been given a definition at the legislative level and the predicate would have made crimes not general, but specific, preventing certain problems that may arise at the stage of preliminary investigation, inquiry and trial. Analyzing scientists and international conventions, we have the following definition: Predicate crimes are the main crimes that cause the commission of the crime of legalization of income from criminal activities. Predicate crime setting is now a much more pressing issue, with many states setting predicate crimes in their national legislation based on FATF requirements. In particular, in Turkmenistan, Kazakhstan, France, Tajikistan, Kazakhstan, in the Russian States, all crimes established by the Criminal Code are defined as a predicate crime. As noted above, the definition of predicate crimes in Uzbekistan and the crimes that fall under them are not regulated by law. Under the auspices of FATF, the regional organization EAG (Euroasiagroup) on the territory of the CIS is also cited as a disadvan