Current issues of distinguishing the elements of the crime provided for in Article 174 of the Criminal Code of the Russian Federation from related offenses

In the modern system of criminal law, the legalization (laundering) of "dirty" money is one of the most rapidly developing spheres of organized crime, which significantly complicates the work of law enforcement agencies. Articles 174 and 174.1 of the Criminal Code of the Russian Federation are intended to suppress activities related to giving a legal status to property acquired through criminal means; however, in practice, there are many difficulties in distinguishing these offenses from the crimes defined in Article 175 of the Criminal Code of the Russian Federation. The subject of the research is the criminal law norms that regulate liability for the legalization (laundering) of income obtained by criminal means, as well as closely related offenses. The signs of the offenses, their legal constructions, and the issues of their differentiation in law enforcement practice are analyzed. The purpose of the research is to analyze the main difficulties in the qualification and application of Articles 174, 174.1, and 175 of the Criminal Code of the Russian Federation, with the aim of developing recommendations for improving criminal legislation and practical aspects of its implementation. The methodological basis consists of general scientific and specific scientific methods of knowledge: formal-legal, comparative-legal, and systemic-structural analysis. The study is based on an analysis of criminal law norms, materials from judicial practice, and scientific works by leading specialists in the field of criminal law. This allowed for the identification of the main difficulties in establishing the subjective side of the crimes, the concept of "property obtained by criminal means," as well as the differentiation of the roles of organizers, intermediaries, and executors of legalization. The work demonstrates that the inability to clearly define the object and purpose of the actions of the participants in the crimes reduces the effectiveness of the fight against money laundering, which is confirmed by statistics and judicial practice. Specific measures are proposed to clarify legislative norms, strengthen the evidentiary base, as well as to develop inter-agency cooperation and enhance the qualifications of personnel. The scientific novelty of the research lies in the development of a systemic approach to overcoming gaps in legislation, which will enhance the effectiveness of criminal prosecution for the legalization of criminal income and ensure the stability of the financial system. The results of the work have practical significance for legislators, law enforcement agencies, and the scientific community engaged in issues of combating economic crime.

legalization, income, property, demarcation, criminal proceeds, financial transactions, problems, qualification, evidence base, legislation