Legal basis of prosecutorial supervision of the investigation of crimes for the legalization of proceeds derived from criminal activity

Аннотация

The article analyzes the norms of legislative Nasrullaev Saidmurod Rashidovich. (2025). Legal basis of prosecutorial supervision of the investigation of crimes for the legalization of proceeds documents regulating prosecutor's supervision over the derived from criminal activity. The American Journal of Political Science investigation of crimes related to the legalization of Law and Criminology, 7(03), 22–30. https://doi.org/10.37547/tajpslc/Volume07Issue03-04 proceeds from criminal activities. Specifically, the United Nations Conventions, FATF recommendations, and other international legal norms are examined, with a comparative legal analysis against national legislative COPYRIGHT norms. Proposals are made regarding the © 2025 Original content from this work may be used under the terms of the creative commons attributes 4.0 License. implementation of international legal norms into national legislation. Keywords: UN Conventions, FATF recommendations, international standards, proceeds from criminal activities, property, property forfeiture, confiscation, principal crime, predicate crime, evidence gathering. Introduction: Money laundering is becoming a global problem for international financial systems. It is worth emphasizing that this globalization creates opportunities for criminals to hide criminally obtained proceeds, property, give a legal appearance to the origin of illegal proceeds, and transfer it from one country to another. According to the International Monetary Fund, the amount of criminal proceeds obtained through various crimes annually amounts to 2-5 percent of the gross domestic product of the world's countries, that is, this figure is from 800 billion US dollars to 2 trillion US dollars. If we analyze the amount of illegal proceeds that is being legalized around the world, the fact that this figure exceeds the annual proceeds of countries such as The American Journal of Political Science Law and Criminology 22 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology Germany, Japan, Great Britain, France, and Spain of criminal activity, which were later further elaborated requires the international community to take strict in international recommendations and documents. In measures to fight against the legalization of proceeds particular, “Article 2 of the Strasbourg Convention of the from criminal activities, to identify illegally obtained Council of Europe on the legalization, identification, funds, and to transfer them to the state. seizure and confiscation of the proceeds of crime” stipulates that each country must take appropriate According to the results of the typologies developed measures to confiscate the proceeds of crime, for the legalization of proceeds from criminal activities, instrumentalities or property of an amount equivalent it is known that a certain part of the proceeds obtained to the value of such proceeds”. through criminal means is most often transferred to other countries, and then reintroduced into the It was also noted that countries should give their country through international payment systems, giving competent authorities the power to ban banking, their appearance a legal appearance. financial and other documents in order to confiscate illegal proceeds, tools and other assets. Recent studies have shown that the main schemes are the registration of assets in the names of third parties This international norm establishes that the competent in exchange for illegal proceeds, their inclusion in the authorities responsible for combating money authorized capital of other business entities, and the laundering shall have the power to obtain information subsequent receipt of additional profits through the on bank secrecy, and that countries shall not be sale of these assets and funds. permitted to evade these requirements. From the analysis of typologies and statistical data, we Similarly, Article 4 of this Convention states that “each can see that due to the concealment of criminal country shall consider adopting legislative and other proceeds by criminals using the above-mentioned appropriate measures to enable the use of special methods, it is becoming increasingly difficult to identify investigative techniques, which may include the true sources of these proceeds, and the shadow surveillance, interrogation, interception of economy is becoming increasingly important in giving telecommunications, access to computer systems and illegal proceeds a legal appearance. the production of certain documents, in order to identify and trace the proceeds of crime and to ensure Therefore, the international community has a need to the collection of relevant evidence.” create legal foundations for combating money laundering and the creation of effective mechanisms In our opinion, according to the interpretation of the for identifying, confiscating and transferring criminal rule defined in Article 4 of the Strasbourg Convention