Combating illegal financial transactions: new approaches of the courts - course 1950 rubles. from Clerk, training 2 hours, Date: December 7, 2023.
Miscellaneous / / December 09, 2023
Ostap Bender knew 400 “relatively honest ways of taking money from the population.” Judicial practice is updated almost every month with new schemes of modern Ostaps trying to legalize illegally acquired property.
In July, the Supreme Court of the Russian Federation issued a “Review on certain issues of judicial practice related to the adoption by courts of measures to counter illegal financial transactions.”
What should conscientious companies pay attention to? And what will the courts pay attention to now?
Let's look at the Supreme Court Review.
1. Response to new schemes. The plaintiff simultaneously submitted applications to 12 courts to collect the same debt of 1 million rubles from the debtor. Moreover, the defendant agreed with all statements. Based on the results of the consideration of the case, the court decided to refuse to satisfy the claims. Taking into account the data of Rosfinmonitoring, the court came to the conclusion that the plaintiff’s goal was to legalize and cash out funds using the mechanism of enforcement of court decisions.
2. It will become more difficult to obtain a court order to collect a debt. Doubts regarding a possible violation of public interests may become grounds for refusal.
3. Signal to the police. If signs of economic crimes are detected, the courts will now massively issue private rulings against the police.
4. "Danger Signs" If signs of legalization of proceeds from crime are detected, the courts have the right not only refuse to satisfy the claims, but also involve the control and supervisory authorities in the case (Rosfinmonitoring and prosecutor's office).
5. What should a conscientious entrepreneur do? to protect yourself from suspicion of illegal transactions?
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