Kocheva D.V. —
"Legalization" (money laundering) of funds in the interests of a legal entity (article 15.27.3 of the Code of Administrative Offenses of the Russian Federation): commentary on possible law enforcement
// NB: Administrative Law and Administration Practice. – 2025. – ¹ 2.
– P. 1 - 32.
DOI: 10.7256/2306-9945.2025.2.74346
URL: https://en.e-notabene.ru/al/article_74346.html
Read the article
Abstract: The subject of the study is certain provisions of the Code of Administrative Offenses of the Russian Federation, regulating, in systemic interconnection with certain norms of anti-money laundering legislation, the Criminal Code of the Russian Federation, and the Civil Code of the Russian Federation, the specific features of bringing to administrative liability for performing, in the interests of a legal entity, transactions or financial operations involving funds or other property known to have been criminally derived by the perpetrator, with the aim of giving a legal appearance to the ownership, use, and disposal of such property (article 15.27.3 of the KoAP RF).
The purpose of the study is to systematize knowledge on the topic, explain the content and meaning of the regulatory provisions governing the relevant legal relationships, attempt to overcome legal uncertainty in considering specific issues, and contribute to the formation of law enforcement practice in cases of this category. Research methods include: formal-legal (review, comparison, and interpretation of legal norms), analysis, induction, and synthesis (identification and study of individual phenomena followed by their combination into a unified whole to comprehend its essence and interconnections). The author describes the elements of the specified administrative offense, summarizes the legal positions of higher courts on the most important issues related to the legal assessment and qualification of acts as "legalization in the interests of a legal entity" (money laundering), and, based on these, interprets the main approaches to enforcing article 15.27.3 of the KoAP RF. The novelty of the study, in the absence of judicial practice and other comprehensive works on the indicated topic, is characterized by its content, based on a reasoned systematic interpretation of mutually consistent legal norms and the positions of higher courts. The application area of the results of this applied research is the activities of procurators, employees of the financial intelligence unit of Russia (Federal Financial Monitoring Service), and courts. Among other things, the conclusions substantiate the necessity of organizing interdepartmental interaction for the detection and suppression of administrative offenses of this category.
Kocheva D.V. —
On interaction between prosecutors and specialists in the exercise of powers to detect violations of laws outside the criminal law sphere
// Legal Studies. – 2021. – ¹ 3.
– P. 49 - 57.
DOI: 10.25136/2409-7136.2021.3.35405
URL: https://en.e-notabene.ru/lr/article_35405.html
Read the article
Abstract: The subject of this research is the public relations established in exercising of such a power by the prosecutor on detection of violations of laws outside the criminal law sphere as the right to demand from the policy makers and other officials “supervised” to the prosecutor's office the allocation of specialists. Findings of the experts in the material form are in demand among the law enforcement officers in different spheres of social life, including due to their evidentiary potential. The relevance of this research is defined by the fact that the scholars and practicing legal experts have accumulated a range of questions to the legal status of a specialist in the Russian legislation, which also pertains to the prosecutor's activity. The novelty consists in the author’s substantiation of the need to improve legal regulation of the corresponding legal relations based on comparison of the norms that regulate the mechanism of cooperation between specialists and prosecutors in supervision by the latter of compliance with laws, rights and freedoms of human and citizens, analysis of theoretical groundwork on the topic, and personal practical experience in the prosecutor's office. The article reveals the gaps in the existing legal regulation. This work may be valuable for the practitioners of the prosecutor's office, as well as bodies “supervised” to the prosecutor's office, scholars in the area of prosecutor's activity, legal experts, students, and postgraduates.