Organization of work to counteract illegal withdrawal of funds and money laundering through microfinance organizations

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The relevance of the chosen topic is due to the problems of ensuring the protection of personal rights when interacting with microfinance organizations, protection of personal data of citizens, fraudulent actions when entering into a loan agreement using copies of documents, personal data in the information telecommunications network “Internet”, as well as stolen or lost documents, protection of citizens’ rights when processing personal data by microfinance organizations to obtain a consumer loan. Ensuring the protection of society and the state by creating a legal mechanism to counteract the legalization (laundering) of income and funds withdrawal abroad. In the microfinance market, there are organizations that operate illegally; they do not belong to any state register, as a rule. You will never find any responsible persons at the legal address of such companies. Therefore, in case of damage, compensation for losses through civil mechanisms or appealing directly to the culprit or to the court is almost impossible. The average citizen is not able to ensure their own economic security and financial stability. Due to legal illiteracy and the specific features of this type of activity, the citizen is the vulnerable party of relationship. A growing social tension in connection with filing by creditors in the face of microfinance institutions is due to obviously overestimated obligations in the loan agreement in case they were not performed during a long period of default. Such practice was quite common prior to the amendments to the legislative acts regarding limitations on the accrual of interest on consumer credits (loans) for up to one year. The activities of microfinance organizations are directly related to financial transactions involving the transfer and provision of funds, which may be of interest to criminal circles or other persons engaged in money laundering and terrorist financing. The relevance of the research is also dictated by the lack of sufficient scientific recommendations to create the necessary legal mechanisms and train government agencies, including the Ministry of Internal Affairs, the Prosecutor’s office and the courts, in order to prevent infringement of citizens’ rights when they deal with microfinance organizations in obtaining consumer loans. The lack of effective management of such relations is dangerous in terms of requirements set up in article 46 of the Constitution of the Russian Federation on the right to guaranteed judicial protection of the rights and freedoms of citizens. The novelty is related to the attempts to analyze the activities of microfinance organizations not from the position of presenting this type of activity as an economic tool for providing financial assistance to vulnerable segments of the population, but as a potential threat to society, since uncontrolled monetary relations will lead to criminalization of the activity and further worsening of the financial situation of citizens. Practices of foreign countries show that these tools are implemented only in countries with a low level of economic development. In Western Europe, microfinance is practically not used; instead, other tools are applied, such as raising household incomes through the creation of highly qualified jobs, which is a contradictory practice. The purpose of the research is to study public relations in the field of microfinance organizations, identify gaps and contradictions in this area, develop and justify possible legal proposals to eliminate them. Based on the analysis of international agreements in the field of countering the legalization (laundering) of income and withdrawal of funds, mechanisms of interdepartmental interaction in the Russian Federation, it is advisable to develop measures aimed at improving Russian legislation on microfinance activities.

About the authors

Vitaliy V. Begeza

Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation

Author for correspondence.
ORCID iD: 0000-0002-5201-520X

senior lecturer of the department of public administration and national security Ranepa under the President of the Russian Federation. Postgraduate student Institute of Law and National Security

82 Vernadsky Avenue, Moscow, 119571, Russian Federation

Stanislav V. Svistunov

Russian Presidential Academy of National Economy and Public Administration under the President of the Russian Federation

ORCID iD: 0000-0002-0146-2544

legal adviser, Limited liability company micro-credit company Loan - Express. Postgraduate student, Institute of Law and National Security

82 Vernadsky Avenue, Moscow, 119571, Russian Federation


  1. Artemov, N.M., Lagutin, I.B. & Sitnik, A.A., et al. (2016) Legal regulation of monetary circulation (Monetary law). Moscow, NORMA, INFRA-M Publ. (in Russian).
  2. Bazhanov, S.V. (2016) Legal immunity of the banking system of the Russian Federation from “Unauthorized” intrusion of investigative and operational-investigative bodies. Bulletin of the Moscow University of the Ministry of internal Affairs of Russia. (2), 116-118. (in Russian).
  3. Bizhoeva, M.S. (2018) Current state and prospects of microfinance in the Russian Federation. Materials of the X International student scientific conference “Student scientific forum”. Available at: [Accessed 23th December 2020]. (in Russian).
  4. Butkeeva, E.V. (2018) International network AML/CFT institute as a multifunctional center for training specialists and scientific school financial intelligence. Financial research. 4 (61), 158-165. (in Russian).
  5. Fabian, M. (2019) Recent trends in money laundering and terrorism financing, Journal of Financial Regulation and Compliance. 27 (1), 2-12. DOI:
  6. Gaiduk, I.E. (2016) Voprosy sovershenstvovaniya counteraction to new ways of manifestations of corruption in the Russian Federation. Zakonopolok: istoriya, Teoriya, Praktika. 2 (9), 50-54. (in Russian).
  7. Guseva, E.V. (2019) Law Enforcement mechanism of customs authorities in the system of currency control. Education. The science. Scientific personnel. (2), 138-143. (in Russian).
  8. Khusyaynova, S.G. & Vorontsov, A.A. (2019) Оn the state of legality in the field of microcredit. The Russian justice. (10), 53-55. (in Russian).
  9. Korennaya, A.A. & Mazurov, V.A. (2018) Object of crime as part of illegal banking activities (article 172 of the criminal code of the Russian Federation). Izvestiya AltGU. 3 (101), 83-86. (in Russian).
  10. Korshunova, O.N., Lavrov, V.V., Nikitin, E.L., Golovko, I.I., Kulik, N.V. & Islamova, E.R. et al. (2019) Means of prosecutorial activity: problems of theory and practice. Moscow, RUSAINS Publ. (in Russian).
  11. Kravets, Y.P. (2014) Strengthening of responsibility for new crimes in the sphere of illegal financial transactions. Bulletin of the UNN State University.№. 3-2, 114-121. (in Russian).
  12. Lykov, A.A. (2019) Implementation of the recommendations of the financial action task force on combating money laundering (FATF) on virtual assets: a comparative legal perspective. International criminal law and international justice. (2), 28-31. (in Russian).
  13. Mambetalieva, A.N. (2016) Analysis of compliance of the Russian legislation with the Recommendations Of the group for the development of financial measures to combat money laundering (FATF). Financial law. (10), 21-26. (in Russian).
  14. Moliboga, N.O. (2017) Topical issues of countering illegal export of capital from Russia in modern conditions. Eurasian advocacy. 6 (31), 85-88. (in Russian).
  15. Normah, O., Zulaikha, A. & Roshayani, A. (2014) Money laundering - FATF special recommendation VIII: a review of evaluation reports. Procedia - Social and Behavioral Sciences. (145), 211-225.
  16. Pebruary, S.M., Edward, M.Y., Fuad, E.N., Adhiatma, H. A. & Widiyanto, W., (2019) Fraud analysis of the micro finance. Jurnal Ekonomi & Keuangan Islam. 5 (1), 10-17. Available at: [Accessed 20th November 2020].
  17. Panfilova, N.E. (2017) Contraband of cash and (or) monetary instruments through the prism of judicial decisions. Siberian legal review. (3), 130-135. (in Russian).
  18. Perov, V.A. (2019) On additional measures to counteract crimes related to the illegal use of insider information in the banking sector. Russian Investigator. № 3, 20-21. (in Russian).
  19. Peskov, A.N. (2014) Laundering “Dirty” money and criminal charity in the field of professional sports. National interests: priorities and security. (13), 40-53. (in Russian).
  20. Shchepotyev, A.V. (2019) Identification of signs of affiliation of economic entities in the implementation of control functions. Digest-Finance. 3 (251), 305-319. (in Russian).
  21. Skripchenko, N.Y. (2017) Theoretical and practical aspects of the qualification of fraud in the field of lending. Banking Law. (5), 53-58. (in Russian).

Copyright (c) 2021 Begeza V.V., Svistunov S.V.

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