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Problematic issues of identification of a person as the main tool of combating money laundering in the circulation of electronic money
Author(s) -
Mykola Starynskyi,
Zh.V. Khutorіanets
Publication year - 2020
Publication title -
pravovì gorizonti
Language(s) - English
Resource type - Journals
ISSN - 2519-2353
DOI - 10.21272/legalhorizons.2020.i24.p84
Subject(s) - money laundering , identification (biology) , cash , payment , business , the internet , electronic money , control (management) , popularity , payment system , finance , economics , law , computer science , political science , botany , management , world wide web , biology
The article investigates some problematic issues concerning identification of persons that perform financial operations as the main way to combat money laundering in the cycle of e-cash. It draws readers’ attention to the speedy development of the Internet technologies that results in the increasing popularity of new payment systems including e-cash. It is emphasized that the advantages provided to some people by the use of e-cash in their economic operations can be used by other persons for certain criminal purposes. In this aspect e-cash has found its extensive application in the grey sector of the world economy and as such requires a more intensive control over its use. The authors of the investigation prove that identification of the persons using payment tools is currently one of the most effective ways to prevent e-cash from being used in illegal activities. International organizations whose purpose is to combat money laundering always recommend different states to improve their mechanisms of the identification of the persons involved in financial operations. The analysis of person’s identification applied to the customers of financial operations proves that the basic mechanism of reliable identification is the list of documents that identify a person being fixed in the national laws. The range of these documents and their quality vary in different countries, thus proving the peculiar features of these states. The issue of the identification of financial operation customers is in Ukraine in the phase of its intense formation. The laws establish only the main documents to identify a person. At the same time, in our opinion, the legislation currently in effect must foresee complete lists of the documents that a bank institution has the right and possibility to ask for with view of person’s identification. Such lists must take into consideration not only average situations but also cases of natural disasters, socio-political changes in the society, presence of the person on the territory of another country, etc. The approval of such lists should allow banking institutions to duly observe the provisions of our national legislation designed to prevent money laundering.

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