ESR
3.3.3.1. The risks of discretion, unpredictability, and ineffectiveness of ARMA’s handling of seized assets have been minimized by introducing a clear regulatory framework for the management of corporate rights, integral property complexes, residential properties, and other types of assets
Problem solving:
3.3.3. The legislation governing the activity of the ARMA contains numerous gaps and corruption risks. Low effectiveness of the processes of transferring assets to ARMA for management to preserve their economic value, as well as the processes of combating and preventing money laundering
Deadlines for all measures within ESR
Implementation of SACP measures within ESR
Implementation of SACP measures within the scope of the Problem by main main performers
Asset Recovery and Management Agency
Summarized general information on Measures
| № | Name of the measure | The main implementer | Co-implementors | Performance indicator | Monitoring results (latest) | Статус |
|---|---|---|---|---|---|---|
| 1 |
3.3.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) details the procedure for appointing the manager of the seized asset, particularly by defining the specific considerations of the application of laws on public procurement in the procedure in question; 2) regulates the procedure to be followed by ARMA if the audit of the effectiveness of management of seized assets reveals instances of improper management of assets or attempts by the manager to dispose of the assets. |
Asset Recovery and Management Agency | The draft law has been submitted to the Parliament of Ukraine. |
The measure was implemented late and partially
|
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| 2 | 3.3.3.1.2 Aligning normative legal acts with the law indicated in subclause 3.3.3.1.1 | Asset Recovery and Management Agency | Міністерство юстиції України | Normative legal acts have come into force. |
Indicators of achievement of ESR
Total number of indicators – 3
Indicators fully achieved – 0
Partially achieved indicators – 0
Indicators with a score of 0% – 3
Summarized general information about Achievement Indicators
| № | Indicators | Weight (%) |
|---|---|---|
| 1 |
A law has taken effect, which: a) details the procedure for appointing the manager of the seized asset, particularly by defining the specific considerations of the application of laws on public procurement in the procedure in question (25 percent); b) regulates the procedure to be followed by ARMA if the audit of the effectiveness of management of seized assets reveals instances of improper management of assets or attempts by the manager to dispose of the assets (25 percent). |
50% |
| 2 | Methodological recommendations on the management of assets seized and transferred to ARMA for management define, in particular, the specifics of transferring corporate rights, integral property complexes, securities, real estate for management and managing them. | 20% |
| 3 |
at least 80 percent of experts on the formulation and implementation of the anticorruption policy estimate that: a) the legislative regulation of the procedure for designating the manager and the procedure to be followed by ARMA upon learning about improper management of assets or attempts to dispose of assets by the manager is effective and does not allow for unreasonable discretion of ARMA (10 percent); b) methodological recommendations on the management of assets seized and transferred to ARMA for management are complete and all-encompassing (10 percent); c) methodological recommendations on the management of assets seized and transferred to ARMA for management are systematically and properly applied in practice (10 percent). |
30% |