FEATURES OF THE STATE SERVICE OF FINANCIAL MONITORING OF UKRAINE

Abstract

The article examines the issue of the administrative and legal status of the State Financial Monitoring Service of Ukraine. The main structural elements of the legal status of this service are determined. Theoretical approaches to defining the concept of «administrative legal entity» as the main element of the legal status of the State Financial Monitoring Service of Ukraine were analyzed. The author’s definition of the administrative and legal status of the State Financial Monitoring Service of Ukraine is given. Ways to improve the current legislation in the field of combating the legalization of income obtained through criminal means are proposed. In view of the conducted analysis, we define the administrative-legal status of the State Financial Monitoring Service of Ukraine as a set of rights and obligations defined by legislation, which State Financial Monitoring has and is obliged to observe, acting as a party in administrative legal relations regarding the prevention and counteraction of legalization (laundering) of proceeds obtained through crime, financing terrorism and financing the proliferation of weapons of mass destruction. Administrative legal personality (legal capacity and legal capacity), rights and obligations are considered to be elements of the administrative and legal status of the State Financial Monitoring Service of Ukraine. We propose to minimize the influence of the Ministry of Finance of Ukraine on the formation of the personnel of the State Financial Monitoring Service of Ukraine, which will make it possible to increase the level of independence of the State Financial Monitoring Service in making relevant decisions, as well as to establish at the legislative level the possibility of this service to make inquiries about receiving information from the National Bank of Ukraine. We propose to supplement the Law of Ukraine «On prevention and countermeasures against the legalization (laundering) of proceeds of crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction» with new provisions on the submission to the State Financial Monitoring Service of Ukraine by the subjects of state financial monitoring of reports on the initiated proceedings in cases of administrative offenses provided for by Art. Art. 166-9, 188-34 of the Code of Ukraine on administrative offenses, appeals of decisions and results of court proceedings. Subjects of state financial monitoring provide notification and maintenance of the specified reporting according to the form established jointly with the State Financial Monitoring Service of Ukraine.