Feedback from the public

ESR

3.3.3.8. Seizure and transfer of illegally obtained assets to ARMA for management in order to preserve their economic value are carried out effectively and in a timely manner

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 - 31.12.2025

Implementation of SACP measures within ESR

Total number of measures – 3

1 2

Implemented Not started

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

Asset Recovery and Management Agency

33.3%

Summarized general information on Measures

№	Name of the measure	The main implementer	Co-implementors	Performance indicator	Monitoring results (latest)	Статус
1	3.3.3.8.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) introducing a procedure for urgent notification of ARMA prosecutors about the discovery of assets that can be seized; 2) introducing the mandatory planning of the seizure of an asset in respect of which the issue of its transfer to ARMA for management will be raised, before the prosecutor has filed a motion for seizure of the asset in a criminal proceeding or in a civil proceeding; 3) providing for the possibility of the transfer to ARMA for management of any asset that has been seized in a criminal proceeding and whose value exceeds 200 times the minimum living wage of able-bodied individuals (irrespective of whether or not this asset constitutes physical evidence and irrespective of the grounds on which it was seized as part of the criminal proceeding)	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	Implemented
2	3.3.3.8.2 Developing software and deploying hardware of the system for secure electronic data exchange between ARMA, prosecutorial agencies, and pretrial investigation authorities to be used for real-time transmission of queries to ARMA and prompt notification about the discovery of assets mentioned in the query, the discovery of assets subject to seizure, etc	Asset Recovery and Management Agency		The software has been developed. The hardware required for the operation of the system for secure electronic data exchange between ARMA, prosecutorial agencies, and pretrial investigation authorities to be used for real-time transmission of queries to ARMA and prompt notification about the discovery of assets mentioned in the query, the discovery of assets subject to seizure, etc., has been deployed.		Not started
3	3.3.3.8.3 Developing and approving the Regulation on the system for secure electronic data exchange between ARMA, prosecutorial agencies, and pretrial investigation authorities to be used for real-time transmission of queries to ARMA and prompt notification about the discovery of assets mentioned in the query, the discovery of assets subject to seizure, etc.	Asset Recovery and Management Agency	Національна поліція України, Офіс Генерального прокурора, Державне бюро розслідувань, Національне антикорупційне бюро, Служба безпеки України, Бюро економічної безпеки України	The Regulation on the system for secure electronic data exchange between ARMA, prosecutorial agencies, and pretrial investigation authorities to be used for real-time transmission of queries to ARMA and prompt notification about the discovery of assets mentioned in the query, the discovery of assets subject to seizure, etc. has taken effect.		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 (%)
№	Indicators	Weight (%)	1	A law has taken effect, which: a) introduces a procedure for urgent notification of ARMA prosecutors about the discovery of assets that can be seized (10 percent); b) introduces the mandatory planning of the seizure of an asset in respect of which the issue of its transfer to ARMA for management will be raised, before the prosecutor has filed a motion for seizure of the asset in a criminal proceeding or in a civil proceeding (20 percent); c) provides for the possibility of the transfer to ARMA for management of any asset that has been seized in a criminal proceeding and whose value exceeds 200 times the minimum living wage of able-bodied individuals (irrespective of whether or not this asset constitutes physical evidence and irrespective of the grounds on which it was seized as part of the criminal proceeding) (30 percent).	60%
2	Secure electronic data exchange has been introduced between ARMA, prosecutorial agencies, and pretrial investigation authorities to be used for real-time transmission of queries to ARMA and prompt notification about the discovery of assets mentioned in the query, the discovery of assets subject to seizure, etc.	40%

ESR