Due to the strengthening of cooperation with the State Bureau of Investigation and other law enforcement agencies, the Assets Recovery and Management Agency of is currently receiving more and more court orders, according to which property, corporate rights, funds, etc. are transferred to the management. Among them are such valuable assets as the corporate rights of LLC "Kerambud", the "Royal Romance" yacht, airplanes, cars, real estate, etc.
Regarding the sale of assets transferred to the management of the National Agency, the information published on the official website of ARMA is regularly updated to draw the attention of potential participants to open auctions on Prozorro.Prodazhi. Such open procedures give participants the opportunity to fully familiarize themselves with the asset, while the State is provided with the most favorable offer to fill the state budget.
At the same time, we must note that not all court decisions can be implemented from the assets transferred to ARMA for management or sale. In particular, this applies to the transfer of corporate rights. ARMA has been initiating for a year and has received all approvals and conclusions regarding the approval of draft laws that should regulate the issue of effective management of corporate rights. Currently, the National Agency is limited in its actions regarding the management of corporate rights without the owner's consent. These are such draft laws as No. 10069, No. 11280-1.
According to the court decision, among the large assets in the management of ARMA is the property of LLC "Kerambud". Currently, on the instructions of the Head of ARMA, Olena Duma, employees of the Western MTU have inspected the seized assets, and a corresponding report has been drawn up. A tender for the selection of an appraiser and manager of this asset will be announced soon.
Regarding sanctioned funds of "ROYAL PAY EUROPE" LLC - we emphasize that the Agency has submitted relevant statements three times with the initiative of initiating a criminal case. At the same time, ARMA wrote off funds in the amount of UAH 1.8 billion, for which the National Agency subsequently purchased military bonds to support the defense capability of our country.
In order to ensure the realization of the seized yacht "Royal Romance", transferred to ARMA according to the court decision, the Agency developed the procedure for the realization of seized assets abroad, received the Government's approval for the realization of this asset, and made changes regarding the possibility of installing the flag of Ukraine on the vessel. Therefore, the yacht received a certificate of the right to sail under the state flag of Ukraine, which means the nationality of the vessel, which is subject to the jurisdiction of Ukraine. Currently, after the arrest was canceled by the Croatian court due to the failure to file an indictment, ARMA is waiting for the court's decision to hand over the vessel with its legalization in the Republic of Croatia. Existing criminal proceedings and court orders on the seizure of a yacht in Ukraine are valid on the territory of Ukraine. The latest ruling of the Pechersk Court on the transfer of the ARMA yacht to management cannot be implemented, and the National Agency has already filed a corresponding petition to change the form of management.
We note that the following mandatory conditions must be met for implementation:
- Court order on seizure and transfer to ARMA for implementation (not management).
- ARMA's request to the Office of the Prosecutor General of Ukraine and, accordingly, the OGP's request to the Ministry of Justice of Croatia about the legalization of the specified decision. Obtaining the decision of the Croatian court on the seizure and realization of the asset by the agency within the framework of international legal assistance.
- Installation of the flag of Ukraine and inspection of the ship, signing of the act of acceptance and transfer to the Temporary ship owner, which is currently ARMA.
- Conducting the auction by the Auction House selected by the ARMA Competition Commission
In addition, An-2 aircraft and Mi-2 helicopter were transferred to ARMA by court decisions for sale. As a result of the painstaking work of ARMA employees in preparing for the sale of these assets, the assets have now been inspected and a tender has been held to select a seller. Currently, the winner is conducting an independent assessment of the asset, after which they will be put up for sale in the Prozorro.Prodajhi system.
At the same time, the Agency understands that further close and effective interaction with the SBI and other law enforcement agencies needs improvement. So ARMA initiated and developed a draft law on asset seizure planning. It is aimed at improving the effectiveness of asset transfer processes in order to preserve their economic value. The draft law provides for changes in the Criminal Procedure Code of Ukraine and other legislative acts.
The corresponding draft law proposes to improve the procedure for preparing a request for the transfer of assets to management, which may be seized in criminal proceedings. The draft law has already been submitted to the Government for consideration. And today, August 9, it was approved.
