Gladkikh A.A. —
On the issue of the legal status of credit institutions as a subject of financial monitoring
// Financial Law and Management. – 2019. – ¹ 2.
– P. 1 - 9.
DOI: 10.7256/2454-0765.2019.2.33854
URL: https://en.e-notabene.ru/flmag/article_33854.html
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Abstract: The subject of the study was the legislation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism", established for credit institutions, banks and banking activities, as well as on the State Development Corporation "VEB.RF". The object of the research of the article is the legal relations that develop in the process of implementation by credit institutions of the requirements of AML/CFT legislation. The author considers the question of the correlation of subjects of financial monitoring in the aspect of the powers granted by legislation and the duties assigned to agents. Special attention is paid by the author to the study of the special role of credit institutions among financial monitoring agents. The author studies the content of the concept of "credit institution" from the point of view of AML/CFT legislation. Within the framework of the study, the author concluded about the special role of credit institutions in the AML/CFT system due to the specifics of their activities by virtue of granting them unique powers in relation to other agents and assigning a role to ensure the implementation of financial monitoring by other groups of agents.
It is noted that the current legal regulation on countering the legalization (laundering) of proceeds from crime and the financing of terrorism forms an understanding of the term "credit organization" in this area, as a group of entities combining credit organizations in the meaning established by the Federal Law "On Banks and Banking Activities" and the state development Corporation "WEB.The Russian Federation" in the implementation of its operations characteristic of banking activities.
Gladkikh A.A. —
Problems in structuring the system of subjects of financial monitoring in the Russian Federation
// Financial Law and Management. – 2019. – ¹ 1.
– P. 1 - 10.
DOI: 10.7256/2454-0765.2019.1.30945
URL: https://en.e-notabene.ru/flmag/article_30945.html
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Abstract: The object of this research is the subjects taking part in the implementation of financial monitoring in the Russian Federation. The author examines the question of correlation between the subjects of financial monitoring and the subjects of Federal Law No.115-FZ. Special attention is given to the question of study of the subjects, their legal statuses, as well as the groups they form. The author poses the question on the reasonableness of implementation of oversight activity in the aforementioned system conducted by the Federal Financial Monitoring Service of the Russian Federation (Rosfinmonitoring). Study is conducted on the scientific approaches towards formation of the structure of subjects of financial monitoring alongside their comparison to the structure of subjects of foreign exchange controls. The conclusion is made on the need to transfer supervisory authority of the Rosfinmonitoring to the jurisdiction of specialized government agencies. Study of the questions of legal regulation of the work of organizations operating with currency and other property, allowed highlighting a new form of examination of draft legislation. At the same time, the main result of this research consists in forming tierless structure of the system of subjects, carrying out financial monitoring, in accordance with current legal regulation.