ST 205.1 of the Criminal Code of the Russian Federation.
1. Inducement, recruitment or other involvement of a person in the commission of at least one of the crimes provided for in Article 205.2, parts one and two of Article 206, Article 208, parts one to three of Article 211, Articles 220, 221, 277, 278, 279 and 360 of this Code, arming or preparing a person for the purpose of committing at least one of these crimes -
shall be punishable by imprisonment for a term of five to fifteen years with a fine in the amount of up to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or without it.
1.1. Inducing, recruiting or otherwise involving a person in the commission of at least one of the crimes provided for in Articles 205, 205.3, 205.4, 205.5, parts three and four of Article 206, part four of Article 211 of this Code, arming or preparing a person for the purpose of committing at least one of of these crimes, as well as financing of terrorism -
shall be punishable by imprisonment for a term of eight to fifteen years with a fine in the amount of three hundred thousand to seven hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of two to four years, or without it, or by life imprisonment.
2. Acts provided for in parts one or one.1 of this article, committed by a person using his official position, -
shall be punishable by imprisonment for a term of ten to twenty years with a fine in the amount of five hundred thousand to one million rubles, or in the amount of the wages or other income of the convicted person for a period of three to five years, or without it, or by life imprisonment.
3. Assisting in the commission of at least one of the crimes provided for in Article 205, part three of Article 206, part one of Article 208 of this Code -
shall be punished by imprisonment for a term of ten to twenty years.
4. Organizing the commission of at least one of the crimes provided for in Articles 205, 205.3, parts three and four of Article 206, part four of Article 211 of this Code, or directing its commission, as well as organizing the financing of terrorism -
shall be punishable by imprisonment for a term of fifteen to twenty years with restriction of freedom for a term of one to two years or life imprisonment.
Notes. 1. In this Code, the financing of terrorism is understood as the provision or collection of funds or the provision of financial services with the understanding that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5 , 206, 208, 211, 220, 221, 277, 278, 279 and 360 of this Code, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or for providing for an organized group, illegal armed formation, criminal community (criminal organization) created or being created to commit at least one of these crimes.
1.1. In this article, aiding is understood as deliberate assistance in the commission of a crime by advice, instructions, provision of information, means or instruments for committing a crime, or removing obstacles to its commission, as well as a promise to hide the criminal, means or instruments for committing a crime, traces of a crime or objects obtained by criminal means, as well as a promise to purchase or sell such items.
2. A person who has committed a crime under this article is exempt from criminal liability if he, by timely reporting to the authorities or otherwise, contributed to the prevention or suppression of a crime that he financed and (or) the commission of which he contributed to, and unless his actions contain otherwise corpus delicti.
Commentary to Art. 205.1 of the Criminal Code
1. The objective side is characterized by alternatively provided actions: a) inclination; b) recruitment; c) other involvement of a person in the commission of at least one of the crimes specified in the disposition. These actions are aimed at arousing in the person a desire to participate in the commission of one or more of these crimes; d) armament or preparation for the purpose of committing at least one of these crimes. Arms means the paid and gratuitous provision of weapons of any type, ammunition, explosives, explosive devices, as well as components for all these types of weapons; e) financing of terrorism (clause 1 of the notes to the article).
2. Inducement, recruitment or other involvement are recognized as a completed crime from the moment of commission of one of the crimes specified in the article, at least at the preparation stage; weapons, training and financing - from the moment the relevant actions are taken.
3. When committing crimes of a terrorist nature, the person’s actions are qualified in conjunction with Art. 205.1 CC.
4. The subjective side is also characterized by the purpose of committing crimes of a terrorist nature.
5. Qualified offense (Part 2) is characterized by the commission of a crime by a person using his official position.
6. Part 3 contains an independent corpus delicti, the objective side of which is complicity in the commission of a crime under Art. 205, part 3 art. 206 or part 1 of Art. 208 of the Criminal Code. The concept of complicity is disclosed in paragraph 1.1 of the notes to the article and, with a number of differences, reproduces Part 5 of Art. 33 CC; assistance in committing a terrorist act, therefore, is not qualified under Part 5 of Art. 33, art. 205 of the Criminal Code, and according to this norm.
7. Part 4 contains the third independent corpus delicti, the objective side of which is organizational activity (Part 3 of Article 33 of the Criminal Code) in connection with the commission of the crimes specified in this part or the financing of terrorism. Unlike the actions provided for in Part 1 of the article, qualification in combination with the crimes specified in Part 4 is not required.
8. Paragraph 2 of the notes to the article formulates the conditions for voluntary refusal to commit this crime.
Anti-terror in words
The Supreme Court of Russia has prepared special clarifications on who should be considered terrorists. The cook in the militant camp is clearly a gang member. But the killer of a statesman does not have to be classified as a terrorist: there is a separate article for him with no less severe punishment.
Coincidentally, on the day of the Chekist, the plenum of the Supreme Court of Russia considered a draft resolution on certain issues of judicial practice in criminal cases involving crimes of a terrorist nature.
As Supreme Court Judge Vladimir Davydov noted, “although the number of such cases is small in absolute numbers, the correct classification must be given for each individual case based on the danger of such acts.”
Thus, in 2010, 233 people were convicted of terrorist crimes in Russia, with the majority - 167 - for creating or participating in illegal armed groups. Seven people were convicted under Article 205 (terrorist attack), 12 under Article 205.1 (assistance in terrorist activities), and two under Article 205.2 of the Criminal Code of the Russian Federation (public calls for terrorist activities or public justification of terrorism).
But already this year, according to statistics from the Judicial Department of the Supreme Court of Russia, 28 people were convicted under the article “terrorist act”. But such an impressive increase was given by old cases that began much earlier. For example, in February, the Stavropol Regional Court sentenced 12 people to long prison terms for participating in the attack on Nazran in June 2004. The process itself lasted several years.
And 11 people were convicted under articles 205.1, 205.2 and 206 (the ones mentioned, plus hostage taking). The data is again for six months.
The Supreme Court has now prepared a draft resolution of the plenum. The clarifications being prepared indicate that a terrorist attack should be understood as crimes that frighten the population, create a danger of death or other grave consequences, as well as the threat of such a crime if it is committed with the aim of influencing the authorities.
In addition to explosion and arson, the Supreme Court explained, other actions falling under the qualification of “terrorist attack” should be understood as actions comparable to them in terms of consequences - organizing accidents at life support facilities, destroying transport communications, contaminating water sources, and others.
By grave consequences, courts should understand the types of serious harm to the health of at least one person, or moderate harm to two or more persons, disruption of the normal activities of government bodies, prolonged disruption of the work of enterprises and institutions, or significant deterioration of the environmental situation. As stated in the draft recommendation, a person who participated in the preparation of a terrorist attack is subject to exemption from criminal liability only if he promptly warned the authorities or through other actions helped prevent the terrorist attack.
“If a terrorist attack is recognized as committed by an organized group, the actions of all its members who took part in the preparation or commission of this crime, regardless of their actual role, should be qualified under the relevant part of Art. 205 (terrorism) of the Criminal Code of the Russian Federation without reference to Article 33 (aiding and abetting) of the Criminal Code of the Russian Federation,” the draft document notes.
The Supreme Court proposes to consider as participation in an illegal armed group the performance by a person of any functional duties to ensure the activities of the organization, including the construction of temporary housing, running a farm in a bandit hideout, or simply preparing food. True, the cook will be able to avoid punishment if he leaves the gang in time and proves that he did not take up arms.
The highest court asks to qualify a terrorist act only under the relevant article, without using the article “murder” for additional qualification, even if the terrorist attack entailed the intentional death of a person, and to separate an encroachment on a person’s life out of revenge or personal hostile relationships from the same act that pursued the goal influence government decision-making.
A large part of the project concerns public calls for terrorism and how to understand them. For example, if a person expresses his beliefs (even radical ones) during a scientific discussion, without intending to agitate anyone, this is not a call. And certainly not terrorism. But if someone tries to start a fire on blogs and social networks, recruits young people, calls for bloodshed, they must be judged for this.
The Supreme Court proposes to understand recruitment as actions aimed at involving a person in terrorist activities, and terrorist financing to mean not only the provision of financial services, but also the collection of material resources, for example, uniforms or communications equipment.
The document also notes that an encroachment on the life of a statesman or public figure only for the purpose of stopping his work or out of revenge for it is covered by the relevant article of the Criminal Code of the Russian Federation without the need for additional qualification as terrorism. There is already a fairly significant punishment, including life imprisonment.
If militants persecute government officials in order to generally put pressure on the authorities, then this is definitely terrorism.
The Plenum noted that a participant in the preparation of a terrorist attack can be released from criminal liability only if timely warning to law enforcement agencies helped prevent the crime. As the reporting judge Vladimir Davydov recalled, release is provided for by a note to Article 205 of the Criminal Code of the Russian Federation (terrorism). However, in his opinion, this norm can be interpreted in two ways, depending on whether the terrorist attack was prevented or not, although one of its alleged organizers reported it to the authorities. Therefore, the resolution of the plenum plans to resolve this issue; it is recommended that the courts release from liability an accomplice who prepared a terrorist attack only if his own actions or timely informing the authorities about the impending crime contributed to the fact that the terrorist attack was not committed.
However, as reported by RIA Novosti, a representative of the law faculty of Moscow State University and a member of the advisory council at the Supreme Court, who spoke at the plenum meeting, did not agree with this point of view, noting that, for example, the conclusion of experts could prove that there was time for mine clearance after the announcement of an impending terrorist attack. enough, but law enforcement still failed to prevent it. “But here the question will weigh on the judge: how is it that there was a terrorist attack, and we are releasing one of those involved in it,” he said, adding that in this case the accused can be released from liability under Article 205 (terrorism), but charged under other articles of the Criminal Code, for example, for causing grievous harm.
The Plenum created an editorial commission to discuss all the proposals made and adopt the final version of the resolution that will guide the courts when considering cases of terrorism.
Second commentary to Art. 205.1 of the Criminal Code of the Russian Federation
1. The concept of terrorist activity is given in the Federal Law of March 6, 2006 No. 35-FZ “On Countering Terrorism”.
2. The objective side (part 1 and part 1.1) consists of the following alternative actions:
1) inducement, recruitment or other involvement in the commission of at least one of the crimes provided for in Art. 205, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220, 221, 277, 278, 279, 360 and 361 CC;
2) arming or preparing a person to commit at least one of these crimes;
3) financing of terrorism.
Involvement of a person in the commission of crimes provided for by the listed articles of the Criminal Code means the commission of actions aimed at inciting his desire to participate in the commission of one or more of these crimes. Methods of committing an act can be promises, deception, threats, etc.
Inducement involves convincing another person of the need to perform some act, and recruitment means hiring, recruiting, attracting to some organization. Recruitment does not involve any mental influence on the person being recruited.
Inducing, recruiting or otherwise involving a person in committing at least one of the crimes listed in Part 1 and Part 1.1 of Art. 205.1, should be considered a completed crime from the moment the specified actions are committed, regardless of whether the person involved has committed a corresponding crime of a terrorist nature. At the same time, the person involved must perform at least preparatory actions for committing the crime in which he was involved. Otherwise, the act must be qualified as an attempt to involve in the commission of a crime of a terrorist nature (part 3 of article 30, part 1 (or part 1.1) of article 205.1).
Armament is associated with the supply of any type of weapons, ammunition, explosives or explosive devices and the provision of them to the perpetrator in order to commit at least one of these crimes.
Preparation - training in the necessary skills in handling weapons and explosives, conducting military operations, indoctrination of a person, his physical training, etc.
Funding activities can be of two types. The first type involves financing the commission of specific crimes, the second - financing an organized group, an illegal armed group, a criminal community (criminal organization) created or being created to commit at least one of these crimes.
Criminal liability between Part 1 and Part 1.1 of Art. 205.1 is differentiated depending on the type of crime in which the person is involved, inclined, etc.
3. The subjective side is characterized by direct intent. A mandatory feature when arming or training a person is the purpose of committing crimes of a terrorist nature.
4. The subject of the crime is a person who has reached the age of 16 years.
5. Use of official position when committing crimes under Art. 205.1, is expressed not only in the deliberate use by such persons of their official powers, but also in exerting influence, determined by the significance and authority of the position they occupy, on other persons in order to induce them to commit actions aimed at promoting terrorist activities (clause 17 of the Plenum resolution Supreme Court of the Russian Federation dated 02/09/2012 No. 1 “On some issues of judicial practice in criminal cases involving crimes of a terrorist nature”). The Plenum of the Supreme Court of the Russian Federation interprets the use of official position in a broad sense.
6. Responsibility for complicity under Part 3 of Art. 205.1 occurs provided that it took place in the commission of at least one of the crimes provided for in Art. 205, part 3 art. 206, part 1 art. 208 of the Criminal Code. This assistance is covered by Part 3 of Art. 205.1 and does not require additional qualifications under Art. 205, part 3 art. 206 or part 1 of Art. 208 of the Criminal Code.
7. The objective side (Part 4) is formed by the following alternative actions: organizing the commission of at least one of the crimes provided for in Art. 205, 205.3, part. 3 and 4 tbsp. 206, part 4 art. 211 CC; management of its implementation; organization of terrorist financing.
Organizing the commission or directing the commission of another crime of a terrorist nature, including organizing other types of assistance to terrorist activities, is qualified under the relevant article of the Special Part of the Criminal Code with reference to Part 3 of Art. 33 of the Criminal Code, except for cases when such actions were carried out by a member of an organized group.
8. A person is exempt from criminal liability if two conditions are met, listed in Note 2 to Art. 205.1.
What is meant by terrorist financing?
April 28, 2018
Terrorism is the ideology of violence and the practice of influencing decision-making by government bodies, local governments or international organizations, associated with intimidation of the population and (or) other forms of illegal violent actions.
The concept of terrorist financing is given in Note 1 to Art. 205.1 of the Criminal Code of the Russian Federation. This is the provision or collection of funds or the provision of financial services with the knowledge that they are intended to finance the organization, preparation or commission of at least one of the crimes provided for in Articles 205, 205.1, 205.2, 205.3, 205.4, 205.5, 206, 208, 211, 220 , 221, 277, 278, 279 and 360 of the Criminal Code of the Russian Federation, or for financing or other material support of a person for the purpose of committing at least one of these crimes, or for providing for an organized group, illegal armed group, criminal community (criminal organization) created or created to commit at least one of these crimes.
In paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated February 9, 2012 No. 1 “On some issues of judicial practice in criminal cases of terrorist crimes” it is stated that the financing of terrorism should be recognized, along with the provision of financial services, the provision or collection of not only funds (in cash or non-cash form), but also material assets (for example, uniforms, equipment, communications) with the understanding that they are intended to finance the organization, preparation or commission of at least one of the crimes listed above, or for providing for an organized group, illegal armed group, criminal community (criminal organization), created or being created to commit at least one of these crimes (for example, systematic deductions or a one-time contribution to the general treasury, acquisition of real estate or payment of the cost of its rent, provision of funds, intended to bribe officials).
The condemnation of the financing of terrorism is enshrined in the International Convention for the Suppression of the Financing of Terrorism of December 9, 1999. According to this document, any person commits an offense within the meaning of the Convention if he, by any means, directly or indirectly, unlawfully and intentionally, provides or collects funds with the intention that they should be used, or with the knowledge that they will be used in whole or in part to commit crimes specified in the Convention. In this case, funds are understood as assets of any kind, tangible or intangible, movable or immovable, regardless of the method of their acquisition, as well as legal documents or acts in any form, including electronic or digital, certifying the right to such assets or participation in them , including bank loans, traveler's checks, bank checks, postal orders, shares, securities, bonds, bills of exchange, letters of credit. But the concept of means is not limited to the above definitions.
The Criminal Code for financing terrorism provides for punishment under Part 1.1 of Article 205.1 of the Criminal Code of the Russian Federation in the form of imprisonment for a term of eight to fifteen years with a fine in the amount of three hundred thousand to seven hundred thousand rubles or in the amount of wages or other income of the convicted person for the period from two to four years or without it or life imprisonment.
If these actions are committed by a person using his official position, then the punishment in the form of imprisonment is provided for up to life.
Prepared by the department of public prosecutors
of the criminal justice department of the regional prosecutor's office
Return to the list
Third commentary to Article 205.1 of the Criminal Code of the Russian Federation
The peculiarity of this crime is that the legislator, establishing responsibility essentially for instigating and complicit actions, takes into account the exceptionally high degree of public danger of terrorist activity.
1. The object of the crime is the same as in Art. 205 of the Criminal Code. The objective side of the crime is expressed in the alternative presence of at least one of the signs of acts specified in the disposition of the article: inducement, recruitment or other involvement of a person in the commission of at least one of the crimes provided for in Articles 205, 206, 208, 211, 277, 278, 279 and 360 CC; arming or preparing a person for the purpose of committing at least one of these crimes, as well as financing terrorism. Inducing a person to commit these crimes means the activity of an instigator in forming in another person an intent to commit these crimes through persuasion, bribery, threats or other means (see commentary to Part 4 of Article 33 of the Criminal Code of the Russian Federation). As the Plenum of the Supreme Court of the Russian Federation explained, such actions can be carried out by posting materials on various media and disseminated through information and telecommunication networks. Recruiting a person is a process of targeted, most often psychological, influence on him in order to achieve consent to criminal cooperation, essentially a transaction, which may be based not only on financial interests, but also on others (nationalist, religious, political, etc.) . If inducement, as a rule, is a local unidirectional act of influencing a person in order to induce him to commit a crime, fixed by place, time and even method of implementation, then recruitment crowns a two-way process of criminal cooperation, as a rule, not one-time, but multi-episode and long-term by time. Other involvement of a person in the commission of crimes of a terrorist nature is the implementation of acts that go beyond the scope of inducement or recruitment, but aimed at the implementation of terrorist plans. Involvement means the formation of criminal interest through negative educational influence, glorification of terrorism as a phenomenon, the use of blackmail, deception, abuse of trust, etc.
Arming or preparing a person for the purpose of committing these crimes of a terrorist nature essentially means complicity, i.e. facilitating the implementation of a crime. We are talking about supplying terrorists with weapons, ammunition, explosives, etc. The disposition of the article refers to weapons as physical complicity, i.e. provision of weapons on a paid or gratuitous basis (the concept of weapons is explained in the Federal Law of December 13, 1996 “On Weapons”). The preparation of a person can be expressed in such complicit acts as removing obstacles, developing a plan for carrying out a terrorist act, providing the necessary information about future victims (character, habits, methods and times of movement, places of residence, etc.). The article also refers to the financing of terrorism as a method of complicity, the concept of which is explained in Note 1 to this article. Terrorist financing is the provision or collection of funds or the provision of financial services (for example, systematic deductions or a one-time contribution to the general treasury, rental of real estate, etc.), with the understanding that they are intended to finance the preparation or commission of at least one crime, provided for in Art. Art. 205, 205.1, 205.2, 206, 208, 211, 277, 278, 279 and 360 of the Criminal Code, or to support an organized group, illegal armed group, criminal community (criminal organization) created or being created to commit crimes of a terrorist nature (see commentary to the named articles). Including the concept of complicity in the content of the note seems unnecessary, since it duplicates the concept of complicity enshrined in Art. 33 of the Criminal Code of the Russian Federation. The crime is considered completed from the moment of commission of at least one of these acts.
2. The subjective side of this crime is characterized by guilt in the form of direct intent. The goal is the desire to commit, using the specified methods and means, any of the crimes specified in the list. Motives reveal those motives that are associated with the characteristics of each of these crimes. The subject is any sane person who has reached the age of 16. This crime (Part 2) is considered a qualified crime if it is committed by a person using his official position. This aggravating circumstance is based on the use of a wide variety of features, functions and advantages that are determined by official position (power and other powers, possession of information, the presence of a wide range of connections and acquaintances, access to weapons, etc.).
The article has an incentive norm (Note 2), which provides a special basis for exemption from criminal liability if the person who committed the crime, by timely reporting to the authorities or otherwise contributed to the prevention or suppression of the crime that he financed and (or) contributed to, and unless his actions contain another crime.
Active actions of a person may be associated with timely reporting to the authorities, cancellation of an act of incitement, recruitment or other involvement of a person in terrorist activities by dissuading, blocking the development of a crime and otherwise preventing grave consequences; disrupting the process of arming criminals or preparing to commit these crimes. ‹ Article 205. Terrorist actUp Article 205.2. Public calls for terrorist activities, public justification of terrorism or propaganda of terrorism ›
Documents Statistics on documents and execution of orders
GOVERNMENT OF THE RUSSIAN FEDERATION
RESOLUTION
dated May 13, 2021 No. 662
MOSCOW
On submitting to the President of the Russian Federation a proposal to sign the Treaty of the Member States of the Commonwealth of Independent States on Combating the Legalization (Laundering) of Proceeds from Crime, the Financing of Terrorism and the Financing of the Proliferation of Weapons of Mass Destruction
In accordance with paragraph 2 of Article 9 of the Federal Law “On International Treaties of the Russian Federation”, the Government of the Russian Federation decides:
To approve the proposal presented by the Federal Service for Financial Monitoring, agreed with the Ministry of Foreign Affairs of the Russian Federation, other interested government bodies and previously worked out with the member states of the Commonwealth of Independent States draft Treaty of the member states of the Commonwealth of Independent States on combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction (attached).
Submit to the President of the Russian Federation a proposal to sign the said Agreement.
Acting Chairman of the Government of the Russian Federation A. Belousov
Project
AGREEMENT of the member states of the Commonwealth of Independent States on combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction
The States parties to this Agreement, hereinafter referred to as the Parties,
guided by generally recognized principles and norms of international law,
attaching great importance to international cooperation in the field of observance of generally recognized human rights and freedoms,
based on the principles of equality and mutual cooperation of the Parties,
Taking into account the provisions of international documents of the United Nations and the Commonwealth of Independent States adopted in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction,
Recognizing that combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction requires the use of modern and effective forms, methods and means,
Considering that one such method is to deprive criminals of the proceeds of crime and other means used to commit crimes,
in order to improve the legal framework for combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction and cooperation in this area
have agreed on the following:
Section I. General provisions
Article 1
The Parties, in accordance with this Treaty, international obligations and national legislation, cooperate, coordinate their activities, unite the efforts of government bodies, public and other associations and organizations, as well as citizens in order to combat the legalization (laundering) of proceeds from crime, the financing of terrorism and financing proliferation of weapons of mass destruction.
Article 2
The following basic concepts are used in this Agreement:
“beneficial owner” - an individual (persons):
on behalf of or in whose interests the operation (transaction) is performed;
which ultimately (through the chain of ownership and control) directly or indirectly (through third parties) owns or controls the client (the beneficial owner of the client - an individual is considered to be this person, unless there is reason to believe that the beneficial owner is another individual face);
which ultimately (through the chain of ownership and control) actually controls a legal entity or legal arrangement, a foreign trust created in accordance with the laws of a foreign country;
“proceeds of crime” - cash or other property, as well as any financial and/or other material benefit received or derived directly or indirectly as a result of the commission of a crime provided for by the legislation of the Parties;
“freezing (blocking)” is a ban on carrying out operations (transactions) with funds or other property and/or a ban on providing (direct or indirect) access to any funds or financial services in relation to legal entities and/or individuals, including individual entrepreneurs, groups and organizations involved in terrorist activities and the proliferation of weapons of mass destruction;
“competent authorities” - authorized state bodies of the Parties implementing this Agreement within the limits of their competence established by the legislation of the Parties;
“confiscation” - gratuitous and final seizure of funds or other property or an instrument of crime on the basis of a decision of a court or other competent authority adopted in accordance with the legislation of the Parties;
“legalization (laundering) of proceeds from crime” - actions to give legal character to the possession, use and/or disposal of proceeds from crime by performing the following actions:
transformation or transfer of funds or other property, if it is known that such funds or other property represent the proceeds of crime, carried out for the purpose of concealing or disguising the illicit origin of these funds or other property or for the purpose of assisting a person participating in the commission of a predicate offense , evade responsibility for one’s actions;
acquisition, possession or use of funds or other property, if at the time of receipt the person knows that such funds or other property constitute proceeds of crime;
concealment or concealment of the true nature, source, location, method of disposal and movement of funds or other property, as well as rights to funds or other property or their accessory, if it is known that such funds or other property represent proceeds of crime;
“operations (transactions) with funds or other property” - actions of legal entities and/or individuals, including individual entrepreneurs, with funds or other property, regardless of the form and method of their implementation, aimed at establishing, changing or terminating related them civil rights and obligations;
“instruments of crime” - any property used or intended to be used in whole or in part for the commission of a crime or crimes;
“suspicious transactions (transactions)” - transactions (transactions) with funds or other property, as well as an attempt to carry out an operation (transaction), in relation to which there are suspicions that they are being carried out for the purpose of legalizing (laundering) proceeds from crime by committing predicate crimes, financing terrorism;
“financial intelligence unit” - the authorized body of the Party that collects, receives, analyzes reports of suspicious transactions (transactions) and other information related to the legalization (laundering) of proceeds from crime, predicate crimes and the financing of terrorism, and transfers the analysis results to relevant competent authorities;
“predicate crime” - a criminal offense as a result of which income was received that may become the subject of the crime of legalization (laundering) of proceeds from crime;
“funds or other property” - property (assets) of any kind, tangible or intangible (tangible or intangible), movable or immovable, regardless of the method of its acquisition, as well as legal documents or acts in any form (paper or electronic) certifying right or interest in such property (assets) or to a share in this property (asset), including bank loans, traveler's checks, bank checks, postal orders, electronic money, securities and any interest, dividends and other income thereon, oil and other natural resources, as well as other assets that can potentially be used to obtain funds, goods and - providing or collecting funds in any way, directly or indirectly, or providing financial services with the knowledge that they are intended or will be used in whole or in part to finance the activities of persons and organizations that do not have legal authority to produce, acquire, possess, develop, transport, transfer, use weapons of mass destruction, their means of delivery or other circulation, export, transit, cross-border movement, re-export of weapons of mass destruction, their means delivery of related materials, equipment, technology;
“terrorism financing” - the provision or collection of funds or the provision of financial services by any means or means, directly or indirectly, with the knowledge that they are intended or will be used in whole or in part to finance the organization, preparation, including the financing of travel of persons to other states, or committing at least one of the crimes of a terrorist nature or for training terrorists or undergoing such training, providing support for a terrorist or an organized group, illegal armed group, criminal community (criminal organization), created or being created to commit at least one of the crimes of a terrorist nature.
Article 3
1. In order to implement this Agreement, cooperation between the Parties includes the main directions and forms - harmonization of legislation, provision of legal assistance, including delivery of documents, search, arrest, freezing (blocking), confiscation and return of confiscated property, exchange of information, conducting operational search events, consultations, exchange of representatives, recognition of lists of persons, groups and organizations in relation to which there is information about their participation in terrorist activities and the proliferation of weapons of mass destruction.
2. This Agreement does not prevent the Parties from identifying and developing other mutually acceptable areas and forms of cooperation.
3. Cooperation of the Parties under this Agreement is carried out on the basis of requests (instructions) for legal assistance in criminal cases and requests for assistance (hereinafter referred to as the request).
Article 4
1. Each Party, in accordance with its legislation, determines a list indicating the financial intelligence unit and competent authorities and sends it to the depositary simultaneously with the provision of information on the implementation of domestic procedures necessary for the entry into force of this Treaty. The parties shall notify the depository of changes in their financial intelligence units and competent authorities within one month.
2. The Depository, based on notifications received from the Parties, forms a list of competent authorities, distributes it to all parties to this Agreement, and also informs about all changes to this list based on notifications received from the Parties.
3. The competent authorities of the Parties on issues provided for in this Agreement interact with each other directly within the powers determined by the legislation of these Parties.
Article 5
Documents sent in accordance with this Agreement and considered as official documents in the territory of one Party have the legal force of official documents in the territories of other Parties and do not require legalization, unless this contradicts the legislation of the Parties that received them.
Article 6
The costs associated with the execution of the request shall be borne by the Party in whose territory they arose, unless a different procedure is agreed upon in each specific case.
Section II. Formation of the regulatory framework
Article 7
The Parties take the measures necessary to harmonize legislation taking into account international standards in the field of combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.
Article 8
1. The Parties shall adopt regulations allowing their competent authorities to identify and search for proceeds of crime, instruments of crime and means or other property intended or used for legalization (laundering) of proceeds from crime, financing of terrorism and financing the proliferation of weapons of mass destruction, as well as profits and other benefits defined in paragraphs “a”, “b” and “c” of Article 24 of this Treaty, to prevent and suppress operations (transactions) with such income and funds or other property, their transfer or other disposal of them .
2. Each Party shall adopt regulations granting its competent authorities and financial intelligence units the right to request information necessary to take measures to combat money laundering, the financing of terrorism and the financing of proliferation of weapons of mass destruction.
Article 9
1. The Parties shall adopt regulations obliging legal entities and/or individuals, including individual entrepreneurs, carrying out operations (transactions) with funds or other property, to take measures to combat the legalization (laundering) of proceeds from crime and the financing of terrorism and financing the proliferation of weapons of mass destruction, which should include, in particular:
a) due diligence of the client;
b) documentary recording of information about clients and beneficial owners, as well as about operations (transactions) with funds or other property;
c) storage of documents containing information about operations (transactions) with funds or other property for at least 5 years from the date of the operation (transaction), and information about clients and beneficial owners - for at least 5 years from the date of termination of relations with the client ;
d) freezing (blocking) operations (transactions) with funds or other property and/or funds in cases and in the manner provided for by the legislation of the Parties;
e) providing the financial intelligence unit with information about operations (transactions) with funds or other property, the characteristics of which are determined in accordance with the legislation of the Parties;
f) a ban on informing clients and other persons about measures taken to combat the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction;
g) refusal to establish business relations with the client and refusal to carry out the client’s operation (transaction) in the presence of circumstances determined by the legislation of the Parties.
2. The parties adopt regulations that define the characteristics of operations (transactions) with funds or other property, information about which must be provided to the financial intelligence unit.
3. The parties determine the state bodies that exercise control over the implementation by legal entities and/or individuals, including individual entrepreneurs carrying out operations (transactions) with funds or other property, of the measures specified in paragraph 1 of this article, and empower these bodies powers to provide methodological assistance to these persons to implement the requirements for combating the legalization (laundering) of proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.
4. The parties adopt regulations that establish the liability of legal entities and/or individuals, including individual entrepreneurs, carrying out operations (transactions) with funds or other property, for violation of the requirements provided for in paragraph 1 of this article.
Article 10
Each Party adopts regulatory legal acts, according to which banking, commercial or other secrets protected by law, with the exception of state secrets (state secrets), are not an obstacle to obtaining by state bodies determined by its legislation the information necessary to take anti-money laundering measures. proceeds from crime, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.
Article 11
1. The Parties shall adopt regulations allowing for the confiscation of proceeds from crime, including property obtained as a result of legalization (laundering) of proceeds from crime, as well as instruments of crime and funds or other property intended or used to finance terrorism.
2. The Parties, on the basis of international treaties, recognize and use lists of persons, groups and organizations in relation to which there is information about their participation in terrorist activities and the proliferation of weapons of mass destruction, compiled by the competent authorities of the Parties.
Article 12
The Parties, subject to the basic principles of their legal system, take legislative and other measures necessary to criminalize the following acts:
a) legalization (laundering) of proceeds from crime;
b) financing of terrorism;
c) complicity in the legalization (laundering) of proceeds from crime or the financing of terrorism, as well as an attempt to commit such crimes or preparation for their commission.
Section III. Exchange of information, execution of requests
Article 13
1. Competent authorities, upon request or on their own initiative, provide each other with information (documents, materials, other data) on the issues of combating the legalization (laundering) of proceeds from crime, predicate crimes, the financing of terrorism and the financing of the proliferation of weapons of mass destruction.
2. The transfer of information is carried out if it does not harm the national security of the transmitting Party and does not contradict its legislation and international obligations.
3. The information specified in paragraph 1 of this article is provided on the condition that it will not be used for purposes other than those for which it is transmitted without the prior consent of the Party transmitting it.
4. The exchange of information between financial intelligence units is carried out in accordance with Article 23 of this Treaty.
5. The exchange procedure, conditions and measures to protect information constituting a state secret (state secrets) are determined by the relevant international treaties to which the Parties are parties.
Article 14
The competent authorities do not disclose the fact of receipt of the request and its content, unless otherwise agreed by the competent authorities of the requesting Party, and ensure that
