(2018) 4 Visn. Nac. akad. prokur. Ukr. 7–23
doi
Title of the article	The Experience of the United Kingdom in the Development of National AML and Anti-corruption Systems in Ukraine: Comparative Scientific Research
Author(s)	ANTON CHUBENKO Doctor of Law, Professor, Director of the Academy of Financial Monitoring, Kyiv, Ukraine, chubenko@i.ua
Short title of the journal (ISSN)	Visn. Nac. akad. prokur. Ukr.
Year	2018
Issue	4
Pages	[7–23]
Language	English
Abstract	The UK is one of the world’s most open countries. Its economic level is built on extensive and productive relationships across the globe. However, the UK open status as of a global finance center leads to the risk of illicit financial flows. Combating money laundering and corruption prevention – general globe tendency. The USA has also got the documents of strategical importance to provide the tax policy. Financial authorities of Ukraine, the UK, and the USA are the participants of the system to counteract to money laundering and financing terrorism both at national and international levels. The purpose of the article is to study the UK experience to develop Ukrainian AML and anticorruption system. In 2015–2016, the UK and Ukraine published first ever national risk assessment of money laundering and terrorist financing, setting out candidly the areas where action was needed. Our legislation is constantly supplemented with the provisions on combating money laundering, which are in line with international standards. Changes in the suspicious transaction reporting and supervisory regime are conducted both in the UK and in Ukraine. The UK aggressively pursues money laundering and terrorist financing investigations and prosecutions, achieving 1400 convictions each year for money laundering. UK law enforcement authorities have powerful tools to obtain beneficial ownership and other information, including through effective public-private partnerships, and make good use of this information in their investigations. Some key authorities were established in Ukraine, including the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes. The functions of the Agency (the ARMA) are understandable for most countries of the world, but absolutely new in the system of state authorities of Ukraine. The UK has got special legislation, the Proceeds of Crime Act 2002 (POCA). Ukraine has been proactive in seeking international co‐operation through outgoing MLA requests with regards to investigations of domestic ML or other major predicate crimes. Nevertheless, it should be noted that the current lack of court decisions on the confiscation of seized assets is connected with the ongoing pre‐trial investigations into relevant criminal proceedings, since the investigated crimes are complex, requiring a large amount of investigative and other procedural actions. Consequently, an important aspect of the Ukrainian system’s operation is the exchange of information. The UK provides unique opportunities for international cooperation on cases and enhancing international public/private information sharing. The UK courts can also issue an order to freeze or confiscate this property. The UK has significantly strengthened its AML/CFT framework since its last evaluation particularly in relation to operational co-ordination among law enforcement agencies, stronger investigative tools, mechanisms to facilitate public/private information sharing. This is especially important on the basis that Ukraine should show progress in the formation of a new national legislator AML/CFT, in particular when adopting the basic Law to implement EU Directive 2015/849 2015.
Keywords	prevention corruption; combating money laundering; the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes.
References	REFERENCES List of legal documents Legislation 1. Proceeds of Crime Act [2002] Chapter 29. URL: (accessed: 30.12.2018) (in English). Bibliography Authored books 2. Chubenko A, Loshytskyi M and oth, On Prevention and Counteraction to Legalization (Laundering) of the Criminal Proceeds, Terrorism Financing and Financing of Proliferation of Weapons of Mass Destruction: scientific and practical comment to the law of Ukraine (Vaite 2015) 816 (in Ukrainian). Journal articles 3. Chubenko A, ‘Anti-corruption and Anti-legalization Role of the General Prosecutor of Ukraine through the Prism of International Standards’ (2018) 5(1) European Science 200 (in Ukrainian). 4. Chubenko A, ‘National Tax Security and Prospects of Usage of Experience of the Internal Revenue Service (IRS) of the United States to Combat Shadow Economy in Ukraine’ (2017) 1(25) Public Law 18–25 (in Ukrainian). Conference papers 5. Cherniavskyi S, Tsytsiridze M, ‘Topical Issues of Using the Possibilities of Unscheduled Documentary Audits and Other Inspections in Criminal Proceedings’ Authorities of the National Bank of Ukraine on the Imposition of Administrative Fines: interdepartmental scientific-practical conference (Kyiv 2016) 124 (in Ukrainian). 6. Chubenko A, ‘National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes: Formation of a New Central Executive Body’ The Shadow Economy: World Trends and Ukrainian Realities: interdepartmental scientific-practical conference (Kyiv 2017) (in Ukrainian). 7. Cooperation in the Sphere of Financial Monitoring and Anti-corruption Efforts: International and National Aspects: joint international scientific and practical workshop (Odesa 2016) 148 (in Ukrainian). 8. Implementation of the National Risk Assessment of Money Laundering and Terrorist Financing as an Element of the State Policy of Shadowing of the Ukrainian Economy: joint international seminar of the OSCE and the State Financial Monitoring Service of Ukraine (Kyiv 2014) 100 (in Ukrainian). Websites 9. ‘Anti-money Laundering and Counter-terrorist Financing Measures – United Kingdom, Fourth Round Mutual Evaluation Report (FATF, Paris 2018) URL: accessed 30 December 2018 (in English). 10. ‘The National Risk Assessment of Money Laundering and Terrorist Financing’ (2017) URL: accessed 30 December 2018 (in Ukrainian).