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Olena Duma: ARMA will initiate changes to the Civil Procedure Code of Ukraine

12-04-2024

 

This was announced by the Head of ARMA today, April 12, during a roundtable discussion on "Unjustified Assets: Challenges of Law Enforcement". The event was organized by the Yurydychna Praktyka Publishing House.

The event was also attended by Vira Mykhailenko, Head of the High Anti-Corruption Court, Vasyl Krat and Yevhen Petrov, judges of the Civil Court of Cassation of the Supreme Court of Ukraine, as well as legal experts.

In her speech, the Head of the Asset Recovery and Management Agency emphasized the unique capabilities of the agency in criminal proceedings on illicit enrichment.

"We not only trace the assets of persons authorized to perform state functions, but also manage them. However, we still have limitations in terms of corporate rights management - ARMA can only manage them with the consent of the owner of the seized assets. We need to move this issue forward and pass draft law No. 10069," said Duma. She added that this issue concerns thousands of seized assets that can already generate revenues for the Ukrainian budget.

Regarding the Agency's functions in the area of civil forfeiture, the Head of ARMA called on representatives of the judiciary to be guided by the provisions of the special law on ARMA when considering cases of unjustified assets and making decisions and to transfer such assets to the direct management of the National Agency.

"The National Agency will initiate changes to the Civil Procedure Code of Ukraine, because only seizing property is not the answer. This is not the fight against corruption. Usually, the owner can even use it. All illegally acquired assets should work for the state, especially during the war," emphasized Olena Duma.

She also added that ARMA will soon appeal to the Supreme Court of Ukraine to get clarification from the courts on the need to apply the provisions of the special law "On ARMA" when considering disputes over unjustified assets.