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Legislation

Improve asset recovery legislation, in particular implementing EU Directive 2014/42

Country: Ukraine

Status: complete

Themes: Asset recovery

Last updated: December 2020

Classification:

Concrete: Concrete | New: New | Ambitious: Ambitious

  • 6 Evidence:

    On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to Implement the Recommendations Contained in the Sixth Report of the European Commission on Ukraine's Implementation of the EU Visa Liberalization Action Plan for Ukraine on Improving Property Seizure and Special Confiscation

    DIRECTIVE 2014/42/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union

    Asset Recovery and Management Agency Website

    ARMA has developed a mechanism for attracting foreign detectives to return to Ukraine the proceeds of crime

    Asset Recovery in Ukraine: A Practice Guide by the World Bank Star initiative

    Law 2016, № 11, Article 129 - Improving the fundamentals of the National Agency of Ukraine

  • 7 Notes:

    Ukraine adopted changes to the Criminal Code and Criminal Procedure Code to implement the EU Directive 2014/42 and ensure asset recovery and further confiscation of illicit assets. Moreover, the National Agency of Ukraine for finding, tracing and management of assets derived from corruption and other crimes (Asset Recovery and Management Agency or ARMA) was created in 2016 from ground zero in order to implement provisions of the EU Directive in question and other international obligations on asset recovery. ARMA is a special governmental body, authorized to formulate and implement state policy in the sphere of tracing, finding of assets that are subject to seizure and that are aimed to be seized, as well as management of seized assets in criminal proceedings. It is also a part of ARO-AMO network.

    The Law of Ukraine "On Amendments to the Criminal and Criminal Procedure Codes of Ukraine to Implement the Recommendations Contained in the Sixth Report of the European Commission on Ukraine's Implementation of the EU Visa Liberalization Action Plan for Ukraine on Improving Property Seizure and Special Confiscation" was adopted to ensure full implementation of EU requirements for the implementation of the EU Visa Liberalization Action Plan for Ukraine, an integral part of which is the need to implement the EU Directive 2014 2014/42.

    Updated: October 31, 2020

    The DIRECTIVE 2014/42/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 3rd 2014 on the freezing and confiscation of proceeds of crime in the European Union has been transcribed in Ukraine's national law.

    Peer reviewer: 1

    Updated: April 30, 2020

    ARMA (National Agency of Ukraine for Finding, Tracing and Management of Assets Obtained through Corruption and Other Crimes, or Asset Recovery and Management Agency) continues its work.During the relatively short period of its activity, the ARMA has already become a member of the ARO/AMO network, which is an international platform for public institutions designed to find and recover assets. At the same time, the legislation is still not sufficiently harmonized. Due to discrepancies between the Criminal Procedural Code with the new legislation on asset finding and recovery, as well as lack of the ARMA’s agency (since it cannot participate in decision-making concerning transfer of assets for management) and a broad discretion of the investigative judge in this respect, a significant share of assets have not been transferred for management. But still very important step was made by the Government of Ukraine. the draft Presidential Decree that would introduce a mechanism for engagement of private detectives in the process of property tracing abroad was approved by the Government.

    Updated: October 30, 2019

    Directive is being implemented and you can even find it mentioned on the website of the National Asset Recovery Authority

    Updated: May 30, 2019

    No change.

    Updated: October 30, 2018

    Law 2016, № 11, Article 129 improved the fundamentals of the National Agency of Ukraine on identifying, tracing and managing assets received from corruption and other crimes. These amendments followed on from the recommendations contained in the sixth report of the European Commission on the state of Ukraine's liberalisation action plan for Ukraine.

    Updated: June 30, 2018

Ukraine's Commitments
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