Legal support of anti-money laundering and terrorism financing regime in the conditions of new technologies integration

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Abstract

The article studies the development of legal regulation in correlation with the processes of integration of digital technologies in the regime of combating money laundering, financing terrorism and weapons of mass destruction. The research attempts to establish the stage of modern law development in terms of regulating the use of new technologies by the private sector and state bodies. The goal is to study regulatory legal acts and legal practice in the Russian Federation and other countries. The standard legislative initiatives of states in the field of regulation of new technologies, as well as other related legal spheres have been analyzed. The rearch notes the lack of a unified systematic legal basis for the use of technologies such as artificial intelligence, cryptocurrency, and national digital currencies of banks. It has been concluded that there is a high risk of using new digital technologies without modernizing state equipment and improving the regulatory system base for their application. Recommendations are proposed for further development of the database in terms of introduction of digital technologies. A number of conclusions concerning necessitating changes in preparation of legislation on new technologies integration have been made.

About the authors

Marina A. Aksenova

Peoples’ Friendship University of Russia (RUDN University)

Author for correspondence.
Email: aksenova_ma@list.ru
ORCID iD: 0000-0001-5467-974X

Applicant for the degree of candidate of legal sciences, assistant of the Financial Monitoring Department, Law Institute

6 Miklukho-Maklaya str., Moscow, 117198, Russian Federation

References

  1. Aksenova, M.A. (2021) Artificial Intelligence in ensuring the anti-money Laundering and financing of terrorism regime: monograth. Moscow, RUDN University. (in Russian).
  2. Ananenko, A.O. (2021) Unmanned vehicle use: legal responsibility. Courier of Kutafin Moscow State Law University (MSAL). (6), 155-161. https://doi.org/10.17803/2311-5998.2021.82.6.155-161 (in Russian).
  3. Bessonov, A.A. (2021) The use of artificial intelligence algorithms in the criminalistic study of criminal activity (on the example of serial crimes). Courier of Kutafin Moscow State Law University (MSAL). (2), 45-53. https://doi.org/10.17803/2311-5998.2021.78.2.045-053 (in Russian).
  4. Gavrilova, Yu.A. (2021) The concept of integrating artificial intelligence into the legal system. RUDN Journal of Law. 25 (3), 673-692. https://doi.org/10.22363/2313-2337-2021-25-3-673-692 (in Russian).
  5. Lapaeva, V.V. (2021) The law of technogenic civilization in the face of the challenges of technological dehumanization. Law. Journal of the Higher School of Economics. (3), 4-35. (in Russian).
  6. Lener, R. (2021) The development of Fintech in Italy and in Europe. Courier of Kutafin Moscow State Law University (MSAL). (1), 126-139. https://doi.org/10.17803/2311-5998.2021.77.1.126-139. (in Russian).
  7. Lyutova, O.I. & Fialkovskaya, I.D. (2021) Blockchain technology in tax law theory and tax administration. RUDN Journal of Law. 25 (3), 693-710. https://doi.org/10.22363/2313-2337-2021-25-3-693-710 (in Russian).
  8. Morhat, P.M. (2017) Artificial Intelligence: Legal View: Scientific Monograph. Institute of State-Confessional Relations and Law. Moscow, Buki Vedi Publ. (in Russian).
  9. Momotov, V.V. (2021) Artificial intelligence in litigation: state and prospects for use. Courier of Kutafin Moscow State Law University (MSAL). (5), 188-191. https://doi.org/10.17803/2311-5998.2021.81.5.188-191 (in Russian).
  10. Mira, K.A., (2021) Property in the form of an information object having monetary equivalent, as an object of theft of someone else’s property. Courier of Kutafin Moscow State Law University (MSAL). (2), 170-176. https://doi.org/10.17803/2311-5998.2021.78.2.170-176. (in Russian).
  11. Parshikov, V.I. (2021) About some problems of development and use of algorithms of investigation of certain types of crimes. Courier of Kutafin Moscow State Law University (MSAL). (2), 100-107. https://doi.org/10.17803/2311-5998.2021.78.2.100-107 (in Russian).
  12. Skorobogatov, A.V. (2021) Legal consciousness as the basis of legal research in the digitalization era. Courier of Kutafin Moscow State Law University (MSAL). (5), 145-152. https://doi.org/10.17803/2311-5998.2021.81.5.145-152 (in Russian).
  13. Stepanian, A.G., (2021) The European Union Artificial Intelligence Act: the first look at the project. Courier of Kutafin Moscow State Law University (MSAL). (7), 93-98. https://doi.org/10.17803/2311-5998.2021.83.7.093-098 (in Russian).
  14. Senator, T.E., Goldberg, H.G., Wooton, J. & Cottini, M.A. et al. (2019) The FinCEN artificial intelligence system: identifying potential money laundering from reports of large cash transactions. Available at: https://www.aaai.org/Papers/IAAI/1995/IAAI95-015.pdf [Accessed 1st November 2021].
  15. Tikhomirov, Y.A. & Saria, B. N. (2020) Robotization: dynamics of legal regulation. Vestnik of Saint Petersburg University. Law. 11(3), 532-549. https://doi.org/10.21638/spbu14.2020.301 (in Russian).
  16. Tikhomirov, Y.A. & Talapina, E.V. (2020) Law as an effective factor of economic development. Law. Journal of the Higher School of Economics. No. 1. P. 4-26. (in Russian).
  17. Yankovsky, R.M., (2020) Cryptocurrencies in Russian law: surrogates, “other property” and digital money. Law. Journal of the Higher School of Economics. (4), 43-77. (in Russian).
  18. Yastrebov, O.A., (2017а) Discussion about the prerequisites for assigning robots the legal status of "electronic persons". Problems of jurisprudence. (1(39)), 189-202. (in Russian).
  19. Yastrebov, O.A. (2017b) Artificial intelligence in the legal space: conceptual and theoretical approaches. In: Legal personality: general theoretical, sectoral and international legal analysis: Collection of materials for the XII Annual scientific readings in memory of Bratus' S.N. Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation; Statute Publ. Р. 271-283. (in Russian).
  20. Yastrebov, O.A. (2018) Legal personality of an electronic person: theoretical and methodological approaches. Proceedings of the Institute of State and Law of the RAS. 13(2), 36-55. (in Russian).
  21. Zainutdinova, E.V. (2021) Models of legal regulation of a smart contract: general and specific. Law. Journal of the Higher School of Economics. (3), 126-147. https://doi.org/10.24411/2520-6990-2020-11924 (in Russian).

Copyright (c) 2022 Aksenova M.A.

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