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Official statement the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes

08-05-2025

When it comes to the future of the state, experiments with its state bodies are not only a manifestation of irresponsibility, but also a threat. Especially when it comes to those agencies that are at the forefront of the fight against corruption. Today, Ukraine does not need cosmetic reforms or political manipulation, but clear, balanced and constitutionally sound decisions that strengthen, not destroy. ARMA appeals to all those who influence this process: it is time to show that reforms are not just words, but actions.

The National Agency expresses its gratitude to the G7 countries for their continued support of reforms in Ukraine and strengthening the institutional capacity of state agencies. We fully share the desire to ensure a truly effective transformation of ARMA. However, in the context of recent public statements, we believe it is necessary to draw attention to several important points that require clarification, explanation and honest dialogue.

Against the backdrop of the major reforms that Ukraine has committed to implement under the Ukraine Facility, the issue of ARMA's institutional capacity goes far beyond internal administration. It is a matter of trust. Trust in the state, in its ability to manage seized assets effectively, legally and transparently. And that is why the increased attention to ARMA reform by the European Union, the G7 countries, the International Monetary Fund and other key international partners is so important.

The G7 ambassadors have made it clear that ARMA's institutional capacity needs to be strengthened. ARMA fully supports this position.  Instead, attempts to introduce legislative changes that do not strengthen but actually dilute the functions of anti-corruption institutions and create corruption mechanisms have nothing mutual to do with reforms.

This refers to the draft law No. 12374-d, which has raised reasonable concerns from a number of public authorities, including the Ministry of Finance of Ukraine, the Prosecutor General’s Office, the Ministry of Culture of Ukraine, the Ministry of Education and Science of Ukraine, the Antimonopoly Committee of Ukraine, the Verkhovna Rada Committee on European Integration, and the Specialised Anti-Corruption Prosecutor's Office.

The Main Legal Department of the Verkhovna Rada of Ukraine found that the provisions of the draft law directly contradict at least 14 articles of the Constitution of Ukraine. Despite these systemic comments, the draft law was left without proper revision. Ignoring legal opinions of this magnitude is a blatant disregard for the rule of law.

ARMA has consistently shared the position of the G7 Ambassadors that the previously proposed amendments to the draft law on reforming the Agency are unacceptable, as they not only contradict the Constitution of Ukraine and international obligations, but also pose a direct threat to the powers of other institutions - primarily the National Agency for the Prevention of Corruption, as well as the entire anti-corruption system of the state.

Draft law No. 12374-d significantly restricts the NACP's powers to monitor the lifestyle of officials. Amendments to the draft law that allow for inspections only during the period of a person's tenure in office are an unacceptable step backwards, undermining the credibility of the entire reform process and creating real threats to Ukraine's international commitments.

It is also significant that the Ministry of Finance gave a negative opinion on draft law 12474-d as violating the provisions of the Budget Code and its obligations to the IMF, in particular, to prevent new earmarks of budget revenues. This is a direct threat to the fulfilment of Ukraine's obligations under the Ukraine Facility.

The core problem is that this draft law leaves the reform declarative. It does not address the key tasks set by our partners and may jeopardise the receipt of future tranches, in particular from the EU under the Ukraine Facility.

It worth to recall that by the end of the fourth quarter of 2024, Ukraine had fulfilled 13 key indicators of the Ukraine Plan, which allowed it to receive the first tranche in 2025 on time. This success was made possible thanks to the coordinated work of all authorities with the EU. However, politicisation of reforms, manipulation of legislation and unwillingness to take into account the opinion of institutions can undermine the results of this cooperation.

Despite public statements by some MPs about the support of their draft law by the G7, there is any official documentation able to confirm this conclusion. Statements without responsibility are politics, not reforms.

Over the past two years, we have been publicly reporting on ARMA's performance, sending detailed reports to all accredited diplomatic missions, including the ambassadors of the G7 countries, responding to inquiries and being open to dialogue. We sincerely hope that all the documents presented have been carefully considered and that judgements about ARMA's work are based on facts, not assumptions or particular political positions.

But ARMA has been transforming itself since 2023 and continues to do so. We act. Together with the interested government agencies, we have prepared a new draft law that takes into account the conclusions of all key stakeholders: The Prosecutor General's Office, the Verkhovna Rada staff, the Ministry of Finance, the Budget Committee of the Verkhovna Rada, line of ministries and international partners. This document, which eliminates the risk of political interference and is fully consistent with the Constitution and strategic goals of Ukraine, will be submitted to the Verkhovna Rada in the near future. It is the result of balanced, professional and responsible work, and demonstrates our true readiness for change, not just imitation of reforms.

We strongly emphasize that ARMA has unique experience and knowledge in the management of seized assets, which cannot be replaced by external analysis or assumptions. That is why we expect that the decision-making process on the Agency's reform will take into account not only political assessment, but also a deep professional understanding of the functioning of the system of management of seized assets. We are open to dialogue, but we are also ready to vigorously defend our expert position based on facts and experience.

Trust is a currency that weighs more than any budget. Ukraine, which is waging a war for independence and a democratic future, has no right to squander it on populism and political bargaining. The reform of ARMA is not an internal affair of one institution, it is a test of responsibility to our international partners, to society and to our own conscience. And this test cannot be failed.