ON SOME INCORRECT PRACTICES IN COMBATING «LAUNDERING» OF ILLEGAL PROCEEDS IN KYRGYZSTAN

Abstract

Aim. To reveal negative factors determining the content of criminal policy to counter the laundering of criminal proceeds, to formulate recommendations to minimize criminal legal errors in the qualification of the noted crimes. Methodology. The authors analyzed the established practice of criminal law against the legalization of criminal proceeds in Kyrgyzstan, as well as a comparative legal analysis of the Russian practice of applying criminal legislation in the field under consideration. Results. The article gives the criminal legal characteristic of «laundering», legalization of illegal income. The established incorrect law enforcement practice in the field under consideration is shown. There are mandatory legal grounds for criminal prosecution, namely the need to prove the direct intent of the perpetrators and the inadmissibility of objective imputation, as well as the need to identify and prove predicate, i.e. prior to the «laundering» of illegal proceeds of criminal acts. Research implications. The need to develop unified approaches in criminal policy in the field of countering the considered encroachments on the basis of international standards is substantiated; it was proposed to amend the Criminal Code of the Kyrgyz Republic on the restriction of objective imputation.