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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of July 7, 2015 No. 32

About court practice on cases on legalization (washing) of the money or other property acquired in the criminal way and on acquisition or sale of the property which is obviously got in the criminal way

(as amended of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 26.02.2019 No. 1)

Legalization (washing) of the money or other property got in the criminal way creates basis of shadow economy, does harm to economic safety and financial stability of the state, complicates disclosure and investigation of crimes, provides opportunity to criminal groups (organizations) to finance and perform illegal, including terrorist, activities.

The international community, aiming to develop effective measures for the prevention of transnational legalization (washing) of the money or other property got in the criminal way accepted number of documents to which conventions of the United Nations on fight against illicit trafficking in drugs and psychotropic substances of December 20, 1988, against transnational organized crime of November 15, 2000, against corruption of October 31, 2003, the convention of the Council of Europe on washing, identification, withdrawal and confiscation of the income from criminal activities of November 8, 1990, about criminal liability for corruption of January 27, 1999 and about washing, identification, withdrawal and confiscation of the income from criminal activities and about financing of terrorism of May 16, 2005 belong. The international community applies standards in the field of counteraction to money laundering of Group of development of financial measures of anti-money laundering (FATF).

In the Russian Federation the legal basis of counteraction to illegal turnover of the criminal income are the Constitution of the Russian Federation, the conventional principles and rules of international law, the international agreements of the Russian Federation, the Federal Law of August 7, 2001 No. 115-FZ "About counteraction of legalization (washing) of income gained in the criminal way and to terrorism financing" and other regulatory legal acts.

For the purpose of criminal legal support of counteraction of legalization (washing) of the money or other property got in the criminal way and for the benefit of accomplishment of the international obligations the Criminal Code of the Russian Federation establishes criminal liability for legalization (washing) of the money or other property which is obviously acquired by other persons in the criminal way for legalization (washing) of the money or other property acquired by person as a result of making of crime by it and for acquisition or sale of the property which is obviously got in the criminal way.

Due to the questions arising at courts by consideration of criminal cases about the crimes provided by Articles 174, 174.1 and 175 Criminal Code of the Russian Federation and also for the purpose of forming of uniform court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. Draw the attention of courts that subject of the crimes provided by articles 174 and 174.1 Criminal Code of the Russian Federation are not only money or other property which illegal acquisition is sign of specific actus reus (for example, plunders, taking of a bribe), but also the money or other property received as material remuneration for the committed crime (for example, for murder on hiring) or as payment for sale of the objects limited in civil circulation.

At the same time money is understood as cash in currency of the Russian Federation or in foreign currency, and also non-cash, including electronic money, as other property - personal and real estate, property rights, documentary and bank entry securities, and also the property received as a result of conversion of the property acquired in the criminal way or as a result of crime execution (for example, the real estate object constructed of the building materials acquired in the criminal way).

Proceeding from regulations of article 1 of the Convention of the Council of Europe on washing, identification, withdrawal and confiscation of the income from criminal activities and on financing of terrorism of May 16, 2005 and taking into account the Recommendation 15 FATF can act as subject of the crimes provided by articles 174 and 174.1 Criminal Code of the Russian Federation including the money transformed from the virtual assets (cryptocurrency) acquired as a result of crime execution.

Large or especially large amount of the act provided by articles 174 and 174.1 Criminal Code of the Russian Federation is determined proceeding from actual cost of the property constituting subject of these crimes at the time of the beginning of implementation with it financial transactions or transactions, and in case of making of several financial transactions or transactions - at the time of the beginning of implementation of the first of them. In the absence of data on actual cost of property it can be established based on the conclusion of the specialist or the expert.

If subject of crime is foreign currency cash, the large or especially large amount of the act provided by articles 174 and 174.1 Criminal Code of the Russian Federation is determined by the official rate of the corresponding currency established by the Bank of Russia based on article 53 of the Federal Law of July 10, 2002 No. 86-FZ "About the Central bank the Russian Federation (Bank of Russia)" at the time of the beginning of implementation with the specified currency of financial transactions or transactions.

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