Feedback from the public

ESR

3.3.3.3. The specifics of ARMA’s title to seized assets under its management, civil, fiscal, and other rights and obligations of their owners, ARMA, and third parties in relation to the relevant property are clearly defined

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	3.3.3.3.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) defines the particularities of the property title of ARMA to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management; 2) defines the rights and duties of ARMA with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management; 3) defines the rights and duties of the owner with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management; 4) defines the rights and duties of the manager with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management and subsequently transferred to the manager; 5) defines the rights and duties of third parties that have or may have legitimate interests tied to the assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management.	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 defines: a) the particularities of the property title of ARMA to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management (13 percent); b) the rights and duties of ARMA with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management (13 percent); c) the rights and duties of the owner with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management (13 percent); d) the rights and duties of the manager with respect to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management and subsequently transferred to the manager (13 percent); e) the rights and duties of third parties that have or may have legitimate interests tied to the assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management (13 percent).	65%
2	at least 80 percent of experts on the formulation and implementation of the anticorruption policy estimate that: a) the legislation properly or for the most part properly defines the particularities of the property title of ARMA to assets that have been seized in a criminal proceeding or in a case involving unjust enrichment and confiscation of assets in favor of the state, and which have been handed over to ARMA for management (15 percent); b) the legislatively prescribed rights and duties of ARMA, the asset owner, the asset management, and third parties are balanced with respect to one another (10 percent); c) the legislatively prescribed rights and duties of ARMA, the asset owner, the asset management, and third parties make it possible to accomplish the objectives of the transfer of assets to ARMA for management (10 percent).	35%

ESR