SECREСY OR NOT: ON THE ISSUE OF THE PARTICIPATION OF NOTARIES AND ADVOCATES IN «ANTI-LAUNDERING» ACTIVITIES

Due to the FATF’s international recommendations on combating money laundering and terrorist financing, lawyers and notaries are participants in «anti-money laundering» activities, but their specific responsibilities in this area are determined at the national level, taking into account the confidentiality of information they receive in the course of their professional activities. In 2024, Federal Law № 222-FZ was adopted, which expands the responsibilities of lawyers and notaries in the field of AML/CFT. These legislative changes once again raise the question of the balance between the public interest in investigating economic crimes and the private interest in maintaining confidentiality of personal life. The introduction of new duties for lawyers and notaries in the field of AML/CFT raises questions about the legal and ethical boundaries of their professional activities. On the one hand, these specialists are required to comply with the FATF recommendations and thereby contribute to the fight against crime. On the other hand, they must also protect the confidentiality of information that constitutes their professional secret. The article discusses the provisions of Federal Laws № 115-FZ and № 222-FZ on issues of notarial and attorney-client privilege. The analysis of the current industry and special legislation regulating the legal regime of these secrets is carried out. Conclusions are drawn about the conflict between the two legal institutions and ways to eliminate them are proposed.