Progress in the implementation of measures as of
21.11.2024
Measures implemented (fully and partially) -
1 (
100%)
Measures —
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.
The main implementer:
Asset Recovery and Management Agency
Indicators —
2
Evaluation of achievement of ESR —
indicator 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).
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.
* - certain measures are common to several ESRs, but have a separate number (id)