ESR
3.3.3.7. Fair and clear grounds for liability of ARMA and its officials for ineffective management of seized assets have been established
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 -
31.12.2023
Implementation of SACP measures within ESR
Total number of measures –
1
1
Implemented
Implementation of SACP measures within the scope of the Problem by main main performers
Asset Recovery and Management Agency
100%
1
Summarized general information on Measures
| № | Name of the measure | The main implementer | Co-implementors | Performance indicator | Monitoring results (latest) | Статус |
|---|---|---|---|---|---|---|
| 1 | 3.3.3.7.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that institutes separate grounds for bringing ARMA employees to disciplinary liability in the event of deliberate or negligent violation of the established procedure for appointing an asset manager; a violation of the established procedure for inspecting the effectiveness of management of seized assets handed over to ARMA for management; failure to respond or violation of the established procedure for responding to information received and/or established facts of improper management of assets or attempts by the manager to dispose of assets. | Asset Recovery and Management Agency | The draft law has been submitted to the Parliament of Ukraine. |
The measure was not implemented on time and in full
|
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 | The law has come into force, which institutes separate grounds for bringing ARMA employees to disciplinary account in the event of deliberate or negligent violation of the established procedure for appointing an asset manager; a violation of the established procedure for inspecting the effectiveness of management of seized assets handed over to ARMA for management; failure to respond or violation of the established procedure for responding to information received and/or established facts of improper management of assets or attempts by the manager to dispose of assets. | 50% |
| 2 |
at least 80 percent of experts on the formulation and implementation of the anticorruption policy estimate that: a) the grounds for liability of ARMA employees for ineffective management of seized assets are clear, understandable, and property defined (12.5 percent); b) penalties envisaged for ARMA employees for ineffective management of seized assets are proportional and have a deterrent effect (12.5 percent); c) the procedures for holding ARMA employees liable for ineffective management of seized assets are effective (12.5 percent); d) the issues of holding ARMA employees liable for ineffective management of seized assets are examined in practice in an impartial and unbiased manner (12.5 percent). |
50% |