SUMMARIZED GENERAL INFORMATION ON THE IMPLEMENTATION OF THE PROGRAM MEASURES IN TERMS OF DIRECTIONS, PROBLEMS AND EXPECTED STRATEGIC RESULTS

Problem: 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

Progress in the implementation of measures as of 05.12.2024
measures, the implementation of which as of 30.09.2024
15 5 1 3 12
36
Implemented Partially implemented In progress Not implemented Not started
Measures implemented (fully and partially) - 20 ( 55.6%)
Name of the ESR Name of the measure The main implementer Monitoring results (latest) Status % of measures implemented (fully and partially) Evaluation of achievement of ESR Середній рівень ОСР
Direction 3.3. Criminal liability
55.6% 20 / 36
0.0%
Problem 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
55.6% 20 / 36
0.0%
1.1 ОСР 3.3.3.1. The risks of discretion, unpredictability, and ineffectiveness of ARMA’s handling of seized assets have been minimized by introducing a clear regulatory framework for the management of corporate rights, integral property complexes, residential properties, and other types of assets 3.3.3.1.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) details the procedure for appointing the manager of the seized asset, particularly by defining the specific considerations of the application of laws on public procurement in the procedure in question; 2) regulates the procedure to be followed by ARMA if the audit of the effectiveness of management of seized assets reveals instances of improper management of assets or attempts by the manager to dispose of the assets. Asset Recovery and Management Agency The measure was implemented late and partially Partially implemented
50% 1 / 2
0.0%
1.2 3.3.3.1.2 Aligning normative legal acts with the law indicated in subclause 3.3.3.1.1 Asset Recovery and Management Agency Not started
2.1 ОСР 3.3.3.2. The legal balance between the possibility of appealing decisions, actions, or omissions to act on the part of ARMA by the concerned parties and safeguards against immobilizing the work of the agency through abuse of procedural rights has been ensured 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. Asset Recovery and Management Agency The measure was implemented late and partially Partially implemented
100% 1 / 1
0.0%
3.1 ОСР 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 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 measure was implemented late and partially Partially implemented
100% 1 / 1
0.0%
4.1 ОСР 3.3.3.4. Judicial oversight of ARMA’s management of seized assets has been toughened 3.3.3.4.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that regulates in detail the procedure for initiating the examination, conducting the examination, and issuing the decision of the investigating judge on the possibility of selling an asset, as well as the procedure for appealing this decision in a court of appeal Asset Recovery and Management Agency The measure was implemented late and partially Partially implemented
100% 1 / 1
0.0%
5.1 ОСР 3.3.3.5. Oversight of ARMA’s activities by the Public Council at ARMA has been strengthened, and transparent public accounting of assets under management has been ensured, including the publication of up-to-date information on their condition and characteristics 3.3.3.5.1 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that: 1) stipulates that the Public Council at ARMA shall appoint at least 40 percent of the members of the ARMA disciplinary committee from among the members of the Public Council; 2) stipulates that the Public Council at ARMA shall appoint at least 40 percent of the members of competitive committee (tasked with selecting candidates for vacant positions with ARMA) from among the members of the Public Council; 3) provides for the powers of the Public Council at ARMA to conduct public control over the legitimacy and transparency of appointment of asset managers, specifically by designating the members of the Public Council at ARMA to participate in the process of designating the asset managers; 4) provides for the powers of the Public Council at ARMA to conduct public control over the legitimacy and transparency of decisions on the sale of assets; 5) provides for the powers of the Public Council at ARMA to conduct public control over the effectiveness of management of assets handed over to ARMA; 6) provides for the powers of the Public Council at ARMA to issue opinions on the annual performance report of ARMA; 7) provides for the possibility of participation of individuals designated by the Public Council at ARMA (from among the Council members) in audits of the effectiveness of management of seized assets handed over to ARMA for management; 8) stipulates that ARMA shall publicize the findings of audits of the effectiveness of management of seized assets handed over to ARMA for management. Asset Recovery and Management Agency The measure was not implemented on time and in full Implemented
100% 2 / 2
0.0%
5.2 3.3.3.5.2 Putting the Unified State Register of Assets Seized in Criminal Proceedings into permanent (commercial) operation Asset Recovery and Management Agency The measure was not implemented on time and in full Implemented
6.1 ОСР 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 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 measure was implemented late and partially Partially implemented
25% 1 / 4
0.0%
6.2 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 Not started
6.3 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 Not started
6.4 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 Not started
7.1 ОСР 3.3.3.7. Fair and clear grounds for liability of ARMA and its officials for ineffective management of seized assets have been established 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 measure was not implemented on time and in full Implemented
100% 1 / 1
0.0%
8.1 ОСР 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 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 measure was not implemented on time and in full Implemented
33.3% 1 / 3
0.0%
8.2 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 Not started
8.3 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 Not started
9.1 (1) ОСР 3.3.3.9. The management of assets seized in criminal proceedings, the search for illegally obtained assets outside Ukraine and their repatriation are carried out effectively, inter alia, owing to: the strengthening of the institutional capacity of ARMA; the improvement of legislation governing the transfer of assets for management; ensuring effective international cooperation 3.3.3.9.1 (1) Arranging the connection of ARMA and the National Agency to the SIENA secure data exchange system Asset Recovery and Management Agency The measure was not implemented on time and in full Implemented
60% 3 / 5
0.0%
9.1 (2) 3.3.3.9.1 (2) Arranging the connection of ARMA and the National Agency to the SIENA secure data exchange system National Agency on Corruption Prevention The measure was not implemented on time and in full Implemented
9.2 3.3.3.9.2 Forming an interagency working group responsible for coordinating the efforts of government agencies aimed at recovering the assets and implementing the Asset Recovery Strategy Asset Recovery and Management Agency The measure has not been implemented Not implemented
9.3 3.3.3.9.3 Developing and approving the action plan towards implementation of the Asset Recovery Strategy Asset Recovery and Management Agency The measure was not implemented on time and in full Implemented
9.4 3.3.3.9.4 Preparing the annual report on the status of implementation of the Asset Recovery Strategy and the action plan towards its implementation, which contains recommendations on the revision of the Asset Recovery Strategy and the action plan towards its implementation (if needed) Asset Recovery and Management Agency Implementation of the measure has not started Not started
10.1 ОСР 3.3.3.10. Cases of money laundering and assets obtained through corruption are detected and duly document owing to the effective work of the State Financial Monitoring Service and the regulatory framework governing its cooperation with the National Agency, the National Anticorruption Bureau, the Specialized Anticorruption Prosecutor's Office, ARMA, and other government agencies 3.3.3.10.1 Launching the information and telecommunications system “Electronic Workspace of the Financial Monitoring System” State Financial Monitoring Service of Ukraine Not started
0% 0 / 1
0.0%
11.1 ОСР 3.3.3.11. Measures to prevent the laundering of money obtained through corruption are determined based on the results of risk assessment and are duly implemented. FATF recommendations are being consistently implemented 3.3.3.11.1 Submitting to the Cabinet of Ministers of Ukraine the draft law on the creation of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes in accordance with EU Directive 2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing and on amendments to Directives 2009/138/EU and 2013/36/EU (as subsequently amended), and supporting its passage Ministry of Finance of Ukraine The measure has not been implemented Not implemented
53.3% 8 / 15
0.0%
11.2 3.3.3.11.2 Drafting and submitting to the Cabinet of Ministers of Ukraine a draft law that stipulates that property shall be deemed to have been obtained by criminal means for the purposes of Article 209 of the Criminal Code of Ukraine taking into account the factual circumstances and does not require a court decision issued in Ukraine or abroad, which has established the fact of the commission of the crime that resulted in the acquisition of such property or has criminally prosecuted the defendant for this crime National Agency on Corruption Prevention The measure has not been implemented Not implemented
11.3 3.3.3.11.3 Supporting the consideration of the draft law that updates the provisions of the Criminal Procedure Code of Ukraine pertaining to international cooperation in a criminal proceeding, taking into account critical feedback provided in MONEYVAL reports, in the Parliament of Ukraine (particularly if the President of Ukraine vetoes the draft law) Ministry of Justice of Ukraine There is progress in the implementation of the measure In progress
11.4 (1) 3.3.3.11.4 (1) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 Ministry of Finance of Ukraine The measure was implemented on time and in full Implemented
11.4 (2) 3.3.3.11.4 (2) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 National Commission on Securities and Stock Market The measure was implemented on time and in full Implemented
11.4 (3) 3.3.3.11.4 (3) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 State Financial Monitoring Service of Ukraine The measure was implemented on time and in full Implemented
11.4 (4) 3.3.3.11.4 (4) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 National Bank of Ukraine The measure was implemented on time and in full Implemented
11.4 (5) 3.3.3.11.4 (5) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 Ministry of Justice of Ukraine The measure was implemented on time and in full Implemented
11.4 (6) 3.3.3.11.4 (6) Aligning bylaws with the Laws of Ukraine dated December 6, 2019, No. 361-IX On Preventing and Combating the Laundering of Proceeds of Crime, Financing of Terrorism, and Financing of Proliferation of Weapons of Mass Destruction, dated November 4, 2022, No. 2736-IX On Amendments to Select Laws of Ukraine Towards Protection of the Financial System of Ukraine Against Actions of the State Engaging in Armed Aggression Against Ukraine, and Adaptation of Ukrainian Legislation to Specific Standards of the Financial Action Task Force and the Requirements of EU Directive 2018/843, and EU Directive 2015/849 Ministry of Digital Transformation of Ukraine The measure was implemented on time and in full Implemented
11.5 3.3.3.11.5 Preparing and submitting to the Cabinet of Ministers of Ukraine in the prescribed manner the consolidated proposals from participants of the national assessment of risks regarding the implementation of measures towards prevention and/or mitigation of adverse consequences of the risks identified State Financial Monitoring Service of Ukraine The measure was not implemented on time and in full Implemented
11.6 3.3.3.11.6 Approving the consolidated proposals from participants of the national assessment of risks regarding the implementation of measures towards prevention and/or mitigation of adverse consequences of the risks identified State Financial Monitoring Service of Ukraine The measure was not implemented on time and in full Implemented
11.7 3.3.3.11.7 Preparing and conducting a scheduled national risk assessment in accordance with the Methodology of National Assessment of Risks of Money Laundering and Financing of Terrorism in Ukraine State Financial Monitoring Service of Ukraine Not started
11.8 3.3.3.11.8 Approving the report of the scheduled national assessment of risks of money laundering and financing of terrorism in Ukraine Council on Prevention and Counteraction to Legalization (Laundering) of the Proceeds of Crime or Terrorist Financing and Financing Proliferation of Weapons of Mass Destruction Not started
11.9 3.3.3.11.9 Developing software and deploying hardware of the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes State Tax Service of Ukraine Not started
11.10 3.3.3.11.10 Developing and approving the Regulation on the Unified Register of Accounts of Individuals and Legal Entities and Individual Bank Safe Deposit Boxes after consultations with the National Bank State Tax Service of Ukraine Not started