Article title Specifics of Property Management by the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes
Authors
Name of magazine Legal journal «Law of Ukraine» (Ukrainian version)
Issue 2/2018
Сторінки [185-198]
DOI https://doi.org/10.33498/louu-2018-02-185
Annotation

The National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes (hereinafter – the National Agency and (or) ARMA) is a newly established body enjoying a special status authorized to search for and trace assets which may be seized in criminal proceedings, and also to manage such assets. Implementation of the asset management powers leads to the establishment of two absolutely different types of legal relations, with each of them having its specifics. These relations call for a comprehensive research, since they represent the subject matter of civil law, administrative law and criminal procedure law studies. Besides, national legal science has not focused on this issue yet, and therefore, its relevance is not to be doubted. The purpose of this article is to make a comparative legal analysis of the relations arising during arrested asset management by the National Agency, and also during transfer of the same for management under a property management contract. Results of the analysis of the specifics pertaining to the relations arising during arrested asset management directly by the National Agency, as well as the relations arising when arrested assets are transferred to manager under a property management contract indicate that although these relations have common features, their legal nature differs (the former are relations at public law, and the latter are relations at private law with elements of public law relations). In both cases, the National Agency acts as a quasi-owner of seized property. Besides, significant attention is paid to development of specific proposals for improving current legislation of Ukraine in the domain of seized asset management. Management relations, with the National Agency being its subject, exist in two different forms, they occur alternately and on different bases – on the basis of a court ruling and on the basis of a relevant management agreement. They have common features; however, they differ in legal nature, bases of occurrence and termination, scope of subjects, as well as the title and essence of powers in respect of the transferred property. After the ruling is made by an investigating judge (court) and property is transferred, the National Agency becomes manager. It may further either directly manage the transferred assets or sign a management agreement in which ARMA acts as the founder. In both types of relations, the mentioned body acts as a quasi-owner of seized property. Asset management carried out by the National Agency is a professional fixed-term activity of ownership, use and/or disposal of assets seized in criminal proceedings which is carried out by virtue of a relevant ruling of an investigative judge or court, with the aim of maintaining or increasing asset economic value and further sale of the assets for the benefit of the State, or their return to its owner.

 

Keywords National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes; ARMA; management of seized assets; property management agreement; seizure of assets
References

List of legal documents 
 

Legislation 
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2. Pro Derzhavnyi biudzhet Ukrainy na 2018 rik [On the State Budget of Ukraine for Year 2018]: Zakon Ukrainy [Law of Ukraine] vid 7 hrudnia 2017 r. № 2246-VIII. Vidomosti Verkhovnoi Rady Ukrainy. 2018. № 3-4. St. 26 (in Ukrainian).

3. Pro Natsionalne ahentstvo Ukrainy z pytan vyiavlennia, rozshuku ta upravlinnia aktyvamy, oderzhanymy vid koruptsiinykh ta inshykh zlochyniv [About the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes]: Zakon Ukrainy [Law of Ukraine] vid 10 lystopada 2015 r. № 772-VIII. Vidomosti Verkhovnoi Rady Ukrainy. 2016. № 1. St. 2 (in Ukrainian).

4. Tsyvilnyi kodeks Ukrainy [The Civil Code of Ukraine]: Zakon Ukrainy [Law of Ukraine] vid 16 sichnia 2003 r. № 435-IV. Vidomosti Verkhovnoi Rady Ukrainy. 2003. № 40-44. St. 356 (in Ukrainian).