P2P transfers: modern characteristics in the context of prevention and anti-laundering (laundering) of income obtained by criminal ways

Authors

  • Karina Halynska PhD in Law, Assistant at thе Department of Financial Law of the Yaroslav Mudryi National Law University , кандидатка юридичних наук, асистентка кафедри фінансового права Національного юридичного університету імені Ярослава Мудрого https://orcid.org/0009-0000-7856-8665 (unauthenticated)
  • Ksenia Artemenko student of the Faculty of Prosecutor's Office of the Yaroslav Mudryi National Law University , студентка IV курсу факультету прокуратури Національного юридичного університету імені Ярослава Мудрого
  • Valeria Boryshchak student of the Faculty of Prosecutor's Office of the Yaroslav Mudryi National Law University , студентка IV курсу факультету прокуратури Національного юридичного університету імені Ярослава Мудрого

DOI:

https://doi.org/10.37772/2518-1718-2024-3(47)-25

Keywords:

peer-to-peer (P2P), digitization, bank, financial security, money laundering, liability, bank account, money, fund transfer, P2P payment, transaction, drop, financial sludge, KYC, FATF, AMLD5, AML

Abstract

Problem setting.  Nowadays, P2P (peer-to-peer) card-to-card transfers have become an integral part of our daily lives. It is a convenient way to transfer money quickly and securely without intermediaries, bank queues or complicated procedures. Thanks to modern technology such transfers are made in seconds via mobile applications, internet banking or specialised services ensuring maximum speed and simplicity of financial transactions. 

P2P transfers open up new opportunities for people to interact with each other making financial services more accessible, convenient and low-cost. But at the same time, such payments should be characterized by secure use and transparency which are two of the most important features for those who often first encounter the world of financial services through these solutions.

Purpose of research is to define the concept of P2P payment, analyze the advantages and debatable aspects of this kind from the point of view of ensuring financial security, combating money laundering.

Аnalysis of recent researches and publications. Scientists, economists and lawyers, contributed to the study of the problems of money transfers, combating the legalization (laundering) of proceeds obtained through crime, digital innovations in the field of money circulation and calculations: O. Decyk, E. Golovei, V. Stalirov, O. Prokoposhina ., Pylypenko P.M., Mallory M., Klochko A.M., Volchenko N.V., Dmytryk O.O., Maryniv N.A., Parashchenko O.K., Ovcharenko A.S. etc. At the same time, the indicated topic does not lose its relevance and needs further consideration.

Аrticle’s main body. Іn this article we will look at the main advantages and disadvantages, the possibilities of P2P transfers, their impact on the development of financial technologies as well as the security nuances that should be taken into account when conducting such transactions.

The article is focused on the decision of the National Bank of Ukraine on card restrictions on transfers between individuals this restriction is based on the decision of the National Security and Defence Council of Ukraine to combat illegal gambling but in fact the goal is much broader, including countering hidden business profits and unofficial wages as well as combating financial fraud known as money laundering. It is analysed that the legal regulations to create a safe environment for financial institutions to conduct transactions and reduce unsafe money mulesing transfers.

The article is provided a detailed analysis of the phenomenon of financial mulling which is the illegal transfer or movement of funds through intermediaries used for criminal activities. The authores analyses that the main mechanisms of involvement of individuals in this process the ways in which criminal groups use financial mules for money laundering as well as the risks and legal consequences for those who become involved in such schemes, including international experience of bringing to criminal responsibility. It also examined the legal regulators and tools to create a secure environment for financial institutions to conduct transactions.

Сonclusions and prospects for the development. P2P payments represent an important digital technological innovation in the field of money circulation, which provides users with the ability to make transfers directly, without the involvement of intermediaries such as banks or payment systems. However, along with advantages such as speed and convenience, there are significant risks associated with the security of such operations. At the same time, one of the key vulnerabilities of P2P payments is the risk of their use for money laundering through the "money muling" mechanism.

Such methods not only contribute to the spread of financial crimes, but also create a threat to the financial system of the state as a whole. Despite the implementation of protection mechanisms, which include identification of users using biometric data, monitoring of transactions, implementation of KYC and compliance with the AML regulatory framework, the issue of money laundering remains relevant. This emphasizes the need for further scientific research in the field of security of P2P payments, in particular: regarding the development of more advanced innovative technologies for the detection and prevention of money laundering schemes, the implementation and improvement of legal regulation of these topics, as well as the establishment of liability for such an offense as "money laundering".

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Published

2025-05-19