Feedback from the public

ESR

3.3.3.6. The effectiveness of ARMA has been enhanced by strengthening its institutional capacity, mechanisms for international cooperation, identification and tracking of assets abroad, and by rebooting its leadership team based on the principles of professionalism and impartiality

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

01.03.2023 - 30.04.2024

Implementation of SACP measures within ESR

Total number of measures – 4
1 3
Partially implemented Not started

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

Asset Recovery and Management Agency

25%
4

Summarized general information on Measures

Name of the measure The main implementer Co-implementors Performance indicator Monitoring results (latest) Статус
1 3.3.3.6.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that:
1) improves the procedure of competitive selection of the Head of ARMA in order to attain a higher level of transparency of the selection process and eliminate risks of politicization or bias of the competitive selection committee;
2) defines a comprehensive list of compelling grounds for dismissal or termination of the powers of the Head of ARMA, and also provides for the possibility of their suspension exclusively in the manner prescribed by the Criminal Procedure Code of Ukraine;
3) institutes guarantees of independence of ARMA from undue interference or influence on the activities of the agency;
4) aligns the procedure of independent external evaluation of ARMA performance with the Constitution of Ukraine, and creates preconditions for its effective application in practical activities.
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
2 3.3.3.6.2 Drafting normative legal acts that need to be approved in order to implement the law indicated in subclause 3.3.3.6.1 Asset Recovery and Management Agency The draft normative legal acts have been drafted and publicized for a public discussion. Not started
3 3.3.3.6.3 Holding a public discussion of the draft normative legal acts indicated in subclause 3.3.3.6.2, obtaining expert opinions and revising the acts Asset Recovery and Management Agency The public discussion has been conducted and its results have been made public. Not started
4 3.3.3.6.4 Issuing the normative legal acts indicated in subclause 3.3.3.6.2 and performing their state registration Asset Recovery and Management Agency Міністерство юстиції України Normative legal acts have come into force. Not started

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 (%)
1 A law has taken effect, which:
a) improves the procedure of competitive selection of the Head of ARMA in order to attain a higher level of transparency of the selection process and eliminate risks of politicization or bias of the competitive selection committee (15 percent);
b) defines a comprehensive list of compelling grounds for dismissal or termination of the powers of the Head of ARMA, and also provides for the possibility of their suspension exclusively in the manner prescribed by the Criminal Procedure Code of Ukraine (15 percent);
c) institutes guarantees of independence of ARMA from undue interference or influence on the activities of the agency (15 percent);
d) aligns the procedure of independent external evaluation of ARMA performance with the Constitution of Ukraine, and creates preconditions for its effective application in practical activities (15 percent).
60%
2 at least 80 percent of experts on the formulation and implementation of the anticorruption policy evaluate:
a) the improved procedure of competitive selection of the Head of ARMA as being fully or generally capable of ensuring the transparency of the selection process and eliminating risks of politicization or bias of the competitive selection committee (6 percent);
b) the established list of grounds for dismissal or termination of the powers of the Head of ARMA as containing only compelling reasons for said decision (6 percent);
c) the instituted guarantees of ARMA’s independence of undue interference or influence on the activities of the agency as being completely or generally sufficient for effective accomplishment of the objectives outlined for ARMA (6 percent);
d) the most recent competitive process to select the Head of ARMA as being open, transparent, and unbiased, and the Head of ARMA as having been selected on the basis of an objective evaluation of competencies and integrity of the candidates (6 percent);
e) legal regulation of the procedure of independent external evaluation of ARMA activities as being aligned with the Constitution of Ukraine and ensuring the effectiveness of this procedure in practical activities (6 percent);
f) that external independent evaluation (audit) of ARMA performance is conducted in an impartial and objective manner (5 percent);
g) that external independent evaluation (audit) of ARMA performance is carried out in practice at the intervals prescribed by law, and the audit is full and comprehensive (5 percent).
40%

Key sources of assessment:

Additional sources of information: