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FINDING AND TRACING FOR PROPERTY OF POLITICAL PARTIES PROHIBITED BY THE COURT

  2. Finding and tracing of assets

Part four of Article 21 of the Law of Ukraine “On Political Parties in Ukraine” provides that in the event of a political party being banned by a court, the property, funds, and other assets of the political party, its regional, city, district organizations, primary cells, and other structural entities shall become the property of the state, as indicated in the court decision.

The transfer of such property, funds, and other assets to state ownership shall be ensured by the central executive body that implements state policy in the field of state registration (legalization) of associations of citizens and other public formations (the Ministry of Justice of Ukraine), in accordance with the procedure established by the Cabinet of Ministers of Ukraine.

Resolution of the Cabinet of Ministers of Ukraine No. 896 of 12.08.2022 approved the Procedure for the transfer to state ownership of property, funds, and other assets of a political party banned by a court, its regional, city, and district organizations, primary cells, and other structural entities.

Thus, after a court decision prohibiting a political party, the operative part of which states that the property of the political party shall be transferred to state ownership (hereinafter - the court decision), becomes legally binding, the Ministry of Justice shall take measures to trace the property of the political party, in particular, based on information from the unified and state registers held by the Ministry of Justice.

The Ministry of Justice involves ARMA in the finding and tracing of the property of the political party by sending a request to ARMA containing, in particular, a description of the information requested, the full name, identification code of the political party, its regional, city, district organizations, primary cells, and other structural entities according to the Unified State Register of Enterprises and Organizations of Ukraine, and a copy of the court decision.

ARMA shall take measures for the finding and tracing of the property of a political party in accordance with the content of the request within the powers defined by law and taking into account the degree of actual access to data sources at the disposal of third parties.

Based on the results of the measures taken for finding and tracing the property of a political party, ARMA submits information about the found and traced property of the political party to the Ministry of Justice.