Feedback from the public

ESR

3.3.3.2. The legal balance between the possibility of appealing decisions, actions, or omissions to act on the part of ARMA by the concerned parties and safeguards against immobilizing the work of the agency through abuse of procedural rights has been ensured

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

01.01.2024 - 31.05.2024

Implementation of SACP measures within ESR

Total number of measures – 1

Partially implemented

Implementation of SACP measures within the scope of the Problem by main main performers

Asset Recovery and Management Agency

100%

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	3.3.3.2.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) establishes the priority of criminal justice when it comes to deciding the matters of the transfer of seized assets to ARMA for management and the actual management of the assets, as well as the list of grounds for contesting in court any decisions, actions or omissions to act with respect to the management of assets in court as part of commercial or civil proceedings; 2) establishes the procedure for appealing decisions, actions or omissions to act on the part of ARMA in matters relating to the appointment of the asset manager as part of administrative proceedings, and specifies an exhaustive list of individuals who can appeal the relevant decisions, actions or omissions to act on the part of ARMA, as well as an exhaustive list of grounds for such an appeal; 3) establishes the procedure for appealing decisions, actions or omissions to act on the part of ARMA in matters relating to audits of the effectiveness of management of assets handed over to managers, as part of administrative proceedings, and specifies an exhaustive list of individuals who can appeal the relevant decisions, actions or omissions to act on the part of ARMA, as well as an exhaustive list of grounds for such an appeal; 4) makes it impossible to block the asset management activities of ARMA by resorting to interim measures as part of administrative, commercial, or civil proceedings.	Asset Recovery and Management Agency		The draft law has been submitted to the Parliament of Ukraine.	The measure was implemented late and partially	Partially implemented

Indicators of achievement of ESR

Total number of indicators – 2

Indicators fully achieved – 0

Partially achieved indicators – 0

Indicators with a score of 0% – 2

Summarized general information about Achievement Indicators

№	Indicators	Weight (%)
№	Indicators	Weight (%)	1	A law has taken effect, which: a) establishes the priority of criminal justice when it comes to deciding the matters of the transfer of seized assets to ARMA for management and the actual management of the assets, as well as the list of grounds for contesting in court any decisions, actions or omissions to act with respect to the management of assets in court as part of commercial or civil proceedings (17.5 percent); b) establishes the procedure for appealing decisions, actions or omissions to act on the part of ARMA in matters relating to the appointment of the asset manager as part of administrative proceedings, and specifies an exhaustive list of individuals who can appeal the relevant decisions, actions or omissions to act on the part of ARMA, as well as an exhaustive list of grounds for such an appeal (17.5 percent); c) establishes the procedure for appealing decisions, actions or omissions to act on the part of ARMA in matters relating to audits of the effectiveness of management of assets handed over to managers, as part of administrative proceedings, and specifies an exhaustive list of individuals who can appeal the relevant decisions, actions or omissions to act on the part of ARMA, as well as an exhaustive list of grounds for such an appeal (17.5 percent); d) makes it impossible to block the asset management activities of ARMA by resorting to interim measures as part of administrative, commercial, or civil proceedings (17.5 percent).	70%
2	at least 80 percent of experts on the formulation and implementation of the anticorruption policy evaluate the legislation completely or generally provides a reasonable and justified balance between the ability of the concerned parties to appeal decisions, actions or omissions to act on the part of ARMA and safeguards against abuse of procedural rights as a way to immobilize the activities of the agency.	30%

ESR