The Verkhovna Rada of Ukraine adopted in the first reading the presidential draft law on amendments to some legislative acts of Ukraine regarding the implementation of the recommendations contained in the sixth report of the European Commission on the implementation by Ukraine of the action Plan on liberalization the EU visa regime for Ukraine, regarding the improvement of the principles of activity of the National Agency of Ukraine on identification, investigation and management of assets derived from corruption and other crimes (No. 4056), UNIAN reports.
Rada adopted as a basis another «visa bill»
For this decision voted 282 MPs of 357 registered in the session hall. Overall, the bill proposes to take on Thursday, February 18.
The bill, in particular, in the Law of Ukraine «On the National Agency of Ukraine on identification, investigation and management of assets derived from corruption and other crimes», it is determined that the Agency to perform its functions has accounts in the State Treasury service of Ukraine.
Under the bill, the annual independent external evaluation of the National Agency. Public control of the activities of the National Agency is provided through the Public Council at the National Agency, the composition of which is approved by the Chairman of the Agency of 9 people on the basis of the results of the competition.
Annual report of the national Agency shall contain, in particular, receipt into a special Fund of the State budget of Ukraine, and expenditures from it.
Among other things, the proposed salary, according to which, in particular, the Chairman of the Agency receives a salary of $ 12 minimum wage, Vice-Chairman – 11.
However, the Chairman of the national Agency and his deputies set allowance for the special nature of the work and the intensity of labor in the amount of up to 75% of an official salary taking into account bonuses for the rank.
The decision to review the payout is taken by the Cabinet annually on the results of an independent evaluation of the effectiveness of the Agency.
Financial support of the national Agency is financed from the state budget.
The national Agency manages assets seized in criminal proceedings, including as a measure to ensure the claim is only in respect of the claim made in the interests of the state, with the establishment of the prohibition to dispose of and/or use of such asset, the amount or value of which equals or exceeds 200 minimum salaries, established on 1 January of the respective year.
The bill defines the ways of managing the Agency’s funds in cash and non-cash, in any currency, and precious metals, are seized in criminal proceedings.
Is determined that the management of movable and immovable property, securities, property and other rights is a national Agency through the implementation of relevant assets, their technological processing or transfer them to the Department.
The Agency undertakes periodic, but not less than once a month, check the effectiveness of management of arrested assets transferred to them to manage.
In the case of a decision on the implementation, assets are transferred by a specific national Agency on a competitive basis to a legal entity for implementation.
Proceeds from the Agency’s asset management and funds received on the basis of international agreements on the allocation and return of assets to Ukraine are transferred to the special Fund of the state budget.
Income from asset management conducted by the National Agency include, in particular, the interest charged as fee for using the banks funds, or banking metals placed on accounts of Nezhentseva, – after the entry into force of the court decision on confiscation, special confiscation, fines to the state of these assets; income from the use of the assets taken into management.
The national Agency is the main Manager of funds received to the special Fund of the state budget of Ukraine from asset management.
Rada adopted as a basis another «visa bill»
The Verkhovna Rada adopted in first reading the bill on amendments to the criminal and transmission codes on the procedure of seizure of property and special confiscation, transfers «Ukrainian Truth».
The deputies failed to adopt the law 4054 on the whole, therefore, the speaker brought it to vote. This decision was supported by 264 deputies.
This bill is part of the so-called visa-free package.
MPs return to the bill on Thursday, February 18. Since 19 February Evrokomissiya shall transmit to the EU Council a proposal to cancel visas for Ukrainians.
As stated in the explanatory Memorandum, the bill is designed to ensure the full realization of the EU requirements regarding the action Plan on liberalization of EU visa regime for Ukraine, which integral part is a necessity of implementation of the EU Directive of 3 April 2014 2014/42/EU on the seizure and confiscation of subjects of criminal activity and revenues in the EU.
«It allows law enforcement agencies to recover assets from those persons who were used by corrupt officials as surrogates, offshore companies, third parties. In the law there is no questions that relate to specefically without a court decision, selection of a person’s assets without court verdict on the substantive criminal proceedings», — said the Minister of justice Pavlo Petrenko during his speech in Parliament.
In turn, MP Serhiy Vlasenko noted that the statement Petrenko about the impossibility of arrest or confiscation of the property of third parties without a court sentence is not true. «This law does not apply to corrupt officials, this law applies to everyone», — said Vlasenko. «Any of you without trial, you can take the property,» — said Vlasenko.
The relevant Committee recommended the Parliament to finalize the bill.
The Chairman of the faction PPO Yuriy Lutsenko admitted that the bill is imperfect, but urged to support it. «When the mother of Queen Elizabeth gave her in marriage, then said, «Close your eyes and think of Britain», — Lutsenko declared.
Rada adopted several «visa bills» 16.02.2016