Legalization of proceeds from embezzlement of budget funds during road construction works: towards a criminological analysis of the problem

Based on the criminological analysis of the criminal law statistics of law enforcement and judicial authorities, and information messages on the Internet, the article notes a negative trend in the development of the phenomenon of legalization of proceeds from crime, which is manifested in a significant increase in the number of acts under Article 209 of the Criminal Code of Ukraine in recent years. Even the occupation of Ukrainian territories that are not covered by statistical monitoring has not slowed down the negative dynamics of this phenomenon. Clarification of the nature of predicate crimes makes it possible to state that in every tenth case, legalization is preceded by misappropriation, embezzlement or seizure of property through abuse of office (Article 191 of the Criminal Code). Such embezzlement often occurs during road construction works. Content analysis of the information space and the results of a survey of ordinary citizens confirmed this hypothesis. The main ways of misusing budget funds are significant overestimation of the volume and/or cost of actual repairs, construction of new roads and write-off of construction materials. In turn, court practice shows the opposite: only a few cases of legalization of proceeds from embezzlement of budget funds during road construction works are subject to court proceedings. This suggests, first, a high level of latency in cases of legalization of proceeds from embezzlement in the analyzed area, and second, the artificial nature of this latency. This situation leads to, among other things, a deterioration in the safety of road users due to untimely road repairs or violations of the technology of the relevant works. Thus, theft and legalization in the analyzed area affect the state of economic security of the state and the state of road safety and transport operation.

legalization of proceeds from crime, embezzlement of budgetary funds, predicate offense, criminological analysis, road safety, latency