The National Asset Recovery and Management Agency (ARMA) has appealed to the Committee ofthe Verkhovna Rada of Ukraine on Law Enforcement to determine the possibility of practicalimplementation of Draft Law No. 12374-d by prosecution authorities within the proposedtimeframes. ARMA has emphasized the necessity to amend the current codes and laws of Ukraineto adopt a law that is not merely declarative but functional. The agency’s goal is to ensure effectivecooperation with law enforcement agencies, which is impossible without amendments to theCriminal Procedure Code (CPC) of Ukraine and further effective management of seized assets thatcontribute to the state budget.

At the same time, the Specialized Anti-Corruption Prosecutor’s Office (SAPO) and the Office ofthe Prosecutor General of Ukraine have informed ARMA that the procedure for the transfer ofseized assets proposed in the draft law does not comply with the current legislation, theConstitution of Ukraine, the Criminal Procedure Code (CPC), the Law of Ukraine "On theProsecutor's Office," and requires amendments to the criminal procedural legislation.

According to the prosecution authorities, the obligations proposed in Draft Law No. 12374-d do notcorrespond to the functional duties of a prosecutor and his procedural role, as they involveperforming technical functions related to the transfer, accounting, and verification of assets, whichgoes beyond the prosecutor’s scope of competence.

ARMA has submitted coordinated proposals and comments on Draft Law No. 12374-d to theCommittee of the Verkhovna Rada on Law Enforcement. These suggestions, which fall under theCommittee's jurisdiction, have been communicated to the members of the Committee forconsideration in their legislative work.

The Committee of Verkhovna Rada on Law Enforcement has informed that the draft law No. 12374-d was not considered at its session.

At the same time, the Committee has expressed its support for ARMA's initiative on furthercooperation to improve criminal procedural legislation and develop clear legal foundations for theorganization and functioning of the Prosecutor's Office of Ukraine. The Committee has expressedhope that deepening further cooperation in the development of the necessary legislative frameworkand the implementation of state policy in strengthening ARMA's institutional capacity will beconstructive.

Therefore, without changes to the CPC, Draft Law No. 12374-d will remain declarative. Onlythrough consolidated cooperation between ARMA, the Office of the Prosecutor General (OGP), theSpecialized Anti-Corruption Prosecutor’s Office (SAPO), and the Committee of the VerkhovnaRada on Law Enforcement can amendments be developed to the criminal procedural legislation toensure the effective and functional implementation of changes to the ARMA law.

Only with agreed provisions of the criminal procedural legislation and their implementation by lawenforcement agencies can effective changes and the strengthening of ARMA’s activities be ensured.