The expert Andriy Kuharuk upon request of ARMA and support of EUACI prepared a research of international practice on application of pre-seizure of assets planning procedure “Pre-seizure planning for assets derived from crime or used to commit a crime”.

Presentation and discussion of the research was held on August 14, 2019 with participation of representatives of ARMA, the Prosecutor General’s Office of Ukraine, the National Anti-corruption Bureau of Ukraine, the Specialized Anti-corruption Prosecutor’s Office and other law-enforcement authorities and institutions.

The research includes the analyses of the recommendations of international organizations and separate foreign practices of pre-seizure of assets planning. In particular, the experiences of the USA, Canada, Columbia, France and Australia are provided as an example.

Besides, the research includes a number of recommendations on the practical implementation of the pre-seizure of assets planning mechanism in Ukraine, as well as the alternative ways of its implementation.

According to Andriy Kuharuk, the appropriate pre-seizure planning will provide an opportunity to determine the necessity of asset seizure, establish the correct time frame and help understand which characteristics are essential for the future manager of one or another seized asset to possess. 

The proper pre-seizure planning plays an important role in preservation of the asset itself, as well as of its economic value, which is ultimately the main goal of asset management.

The mechanism of pre-seizure planning for assets is an advanced practice, which allows to properly organize further management of seized assets and ensure the rational usage of the resources of the State in the process of recovery of illegally derived assets.

During the discussion of the concept of pre-seizure planning and possible mechanisms for implementation thereof in the national legal field, the participants have reached the conclusion that the tool of pre-seizure planning needs to be enshrined in the legislation, actions of the pre-trial investigation authorities, the prosecutor’s office and ARMA be coordinated and trust must exist.

At the same time, prior to the introduction of clear legislative regulation of the instrument on pre-seizure of assets planning, there is already a possibility of its implementation and application within the current legislation.

Thus, the pre-seizure planning of assets may be carried out within the framework of  ARMA’s functions and with the provision of clarifications, advice and methodological help to investigators, detectives, prosecutors and judges on issues related to finding, tracing, conduction of expertise and management of assets, as well as of the function of performance of actions on finding, tracing, conduction of expertise of assets upon request of the investigator, detective, prosecutor, court (investigative judge).

The Asset Recovery and Management Agency expresses gratitude to the EU Anti-corruption initiative to Ukraine for the opportunity to implement foreign experience on pre-seizure planning and to the expert Andriy Kuharuk for his research and profound recommendations.