President of the Supreme Court Stanislav Kravchenko met with representatives of the Commission for the Independent External Assessment (Audit) of the Effectiveness of ARMA's Activities

The case law of the Supreme Court and unified legal positions in cases concerning the disposal of assets acquired through criminal means; the functions of the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes (Asset Recovery and Management Agency – ARMA); and the legal regulation of the detection, search, arrest, and management of assets – these topics were discussed at the Supreme Court during a meeting with members of the Commission for the Independent External Assessment (Audit) of the Effectiveness of ARMA’s Activities.

During the meeting, the President of the Supreme Court, Stanislav Kravchenko, noted that after the events of the Revolution of Dignity in 2013–2014, in the context of implementing Ukraine’s European integration course, a comprehensive reform of the anti-corruption institutional system was launched. As a result, a network of specialized anti-corruption bodies was created, including the Specialized Anti-Corruption Prosecutor’s Office, the National Anti-Corruption Bureau of Ukraine, and later the High Anti-Corruption Court.

At the same time, the issue of the legal regulation of the fate of property seized in connection with criminal investigations remained relevant. Therefore, in 2015, the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes was established.

The President of the Supreme Court emphasized that the courts are actively involved in the practical implementation of legislation in the field of asset seizure and management. In particular, with the participation of heads of appellate courts and judges of local courts, thematic events are held on the exercise of judicial control over the disposal of seized assets at the pre-trial investigation stage. Such cooperation contributes to the development of unified approaches to the application of relevant legal norms.

“The Supreme Court, within each judicial jurisdiction, has already formed certain legal conclusions for resolving disputes related to ARMA’s activities, which in turn ensures the uniformity of case law and the proper application of the relevant legislation,” the President of the Supreme Court stressed.

Members of the Commission – Cornel-Virgiliu Călinescu, Jill Ceri Gowitzke, and Jacqueline Van Den Bosch – stated that the Commission values the opportunity to learn from Supreme Court representatives their views on the application of current provisions regarding the arrest and confiscation of assets under the Criminal Code of Ukraine and the Criminal Procedure Code of Ukraine, as well as proposals for improving the legislative framework and best practices for the return of assets obtained from corruption and other crimes.

The meeting was also attended by the Acting Head of the Supreme Court Administration Rasym Babanly, Deputy Head of the Department for Analytical and Legal Work of the Supreme Court Hennadii Zelenov, Coordinator of the Secretariat of the Commission for the Independent External Assessment (Audit) of the Effectiveness of ARMA’s Activities Kateryna Kapliuk, and Lawyer of the Commission Secretariat Violeta Khodarieva.