HARMONIZATION OF THE LEGISLATION OF UKRAINE AND THE LEGISLATION OF THE EUROPEAN UNION IN THE FIELD OF ANTI-LAUNDERING OF INCOME OBTAINED AS A RESULT OF ILLEGAL ACTIVITIES

Abstract

The issue of legalization of income obtained as a result of illegal activity is at the crossroads of research in legal and economic science. From the economic point of view, the interest of the choir is to consider the relevant phenomenon as an economic phenomenon, its impact on national and international economic systems. For jurisprudence, the interest lies in determining the limits of legal regulation of this phenomenon, creating legal mechanisms to prevent its development and establishing responsibility for violations of such norms, developing a process of proving the corresponding guilt, i.e. the offshore issue is a jurisdictional object of criminal law, criminal process, civil law, financial law and international private law, the aspect of which will be considered in the corresponding article. The purpose of the article is to analyze the current national legislation on the prevention of legalization of income obtained as a result of illegal activities, to analyze the standards of the Financial Action Task Force (FATF) and the possibility of their implementation in the regulatory and legal field of Ukraine, to provide our own recommendations on the harmonization of the legislation of Ukraine and the EU on the relevant issue, to offer our own vision of dispositions and sanctions of legal norms of our legislation, which will meet the standards of the Financial Action Task Force (FATF). We also aim to analyze Ukraine's international cooperation in the field of combating the legalization of illegally obtained income. The novelty of the work consists in a change in the approach to the analysis of legislation, a violation of a fairly new topic and an attempt to provide a scientific conclusion to a scientific problem that has not been studied in our area. In the course of the study, the conclusions were formulated that today the issue of harmonization of the legislation of Ukraine and the EU is extremely relevant. One of the necessary and important elements is opposition to offshore creation. In our opinion, the Law of Ukraine "On Prevention and Combating the Legalization (Laundering) of Criminal Proceeds, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction" is a fairly exemplary legal act, as its provisions correspond to the norms and standards of private international law. However, there are certain formal drawbacks. The analysis of the norms of the Tax Code of Ukraine made it possible to draw conclusions about the successful and fundamental efforts of Ukraine to prevent the creation of offshore companies by our citizens by introducing taxation of controlled foreign companies. Clear and understandable criteria for determining a legal entity by a controlled foreign company are defined, the necessary duties and taxes are imposed. Cooperation at the international level in combating the legalization of income is also at a sufficiently high level, which undoubtedly contributes to the economic development of the country. In our opinion, the main reason for the offshore distribution of Ukrainian citizens is the imperfection of anti-corruption legislation and its enforcement.