Alternative initiatives to the government's draft law on reforming the ARMA containserious flaws and pose risks to Ukraine's further European integration. That is whyVerkhovna Rada should return to consideration of the government's version of draftlaw No. 12374 - this is the common position of MPs, representatives of anti-corruption and law enforcement agencies, NGOs and the expert community.
This was discussed during the fifth public discussion of legislative initiatives onARMA entitled ‘ARMA 2.0: Real Transformation vs. Profanation in Draft Law12374-d’.
The Head of ARMA, Olena Duma, said: "Since the second half of 2023, ARMA hasmade a real breakthrough: the Register of Seized Assets, the sale of property and thesearch for managers through Prozorro, and the termination of unfavourablemanagement contracts. These reforms have already brought billions of hryvnias tothe budget. These successes should be enshrined in law. At the same time, the draftlaw No. 12374-d not only fails to record successful practices, but also containspolitically motivated provisions that could harm the entire anti-corruptioninfrastructure."
The discussion participants noted that the draft law No. 12374-d has critical flaws:
The Specialised Anti-Corruption Prosecutor's Office and the Office of the ProsecutorGeneral have expressed a clear position on the inadmissibility of Draft Law No. 12374-d in its current version. In particular, due to the risks of interference with thetransfer of material evidence, the lack of mechanisms for asset valuation andprovisions that make it impossible for prosecutors to work effectively.
These reservations are also enshrined in the official opinion of the PGO.
The Deputy Head of the Antimonopoly Committee of Ukraine noted:
‘The AMCU was not involved in the discussion of the draft law in the Committee onAnti-Corruption Policy, although it plays a key role in reviewing complaints aboutthe management of seized assets.’
The draft law was prepared without the participation of the Ministry of Justice, ARMA, the Ministry of Economy and the NACP. This is a violation of the principlesof an open process. In addition, the AMCU ensures compliance with competitiveprocedures, which remain a requirement of the European Commission.
It is worth reminding that Deputy Prime Minister for European Integration OlhaStefanishyna and the European Commission support the government's draft law No. 12374 as the one that meets Ukraine's commitments in the EU accession process.
