Rada coped with «visa service». The law on the national Agency for the return of criminally acquired assets

The Verkhovna Rada adopted the law of the «visa package» on the improvement of the framework for the operation of the National Agency of Ukraine on identification, tracing and management of assets derived from corruption and other crimes.

At the meeting on Thursday 18 February in the second reading and the whole act No. 4056 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 of the action plan on liberalization the EU visa regime for Ukraine, in terms of the improvement of the grounds of activity of the National Agency of Ukraine on identification, investigation and management of assets derived from corruption and other crimes voted 261 deputies.

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The law stipulates that the national Agency to perform its functions has accounts in the State Treasury service of Ukraine, annually carried out by independent external evaluation of the Agency’s activities.

Public control over the activities of the national Agency for the identification, investigation and management of assets derived from corruption and other crimes, is provided through the Public Council at the 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, data about receipt in a special Fund of the state budget of Ukraine, and expenditures from it.

Among other things, the law proposed the scheme of salaries according to which, in particular, the Chairman of the Agency receives a salary of $ 12 minimum wage, Vice-Chairman – 11.

At the same time, 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.

During the discussion, the Chairman of the Verkhovna Rada Committee on preventing and combating corruption Yegor Sobolev said that the text of the bill to the second reading excluded the norm on special Fund of the state budget of Ukraine from asset management because it was criticized by many people, and was warning that «the creation of special funds opens opportunities for corruption», reports UNIAN.

According to the law, the national Agency manages assets seized in criminal proceedings, including as a measure to ensure the claim is only in respect of a claim brought in the public interest, with a 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 law 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.

Sobolev noted that another amendment to the bill in preparation for the second reading is that «the Agency gets the right technological processing (assets), because the story of the oil Kurchenko (we are talking about the alleged disappearance of seized asset influential during the reign of the former regime businessman Sergei Kurchenko) scares many parliamentarians».

The law establishes that the property, including in the form of objects or large quantities of goods, possession of which is due to bulkiness or other reasons cannot or the cost of providing special storage conditions or the management of which is commensurate with its cost, or which rapidly lose their value, and property in the form of goods or products which are perishable, to be sold at prices not below market. The approximate list of property that quickly loses value, and goods and products subject to rapid deterioration, is determined by the Cabinet of Ministers of Ukraine.

In addition, the law provides the rule about the openness of the registers of seized property.

Earlier today, the President of Ukraine Petro Poroshenko urged MPs to adopt the remaining laws necessary for visa-free regime with the EU. According to Poroshenko, in Brussels and other European capitals he personally «did everything for quick formalization of the decision on visa-free regime». «This formalization of the Commission will start tomorrow, if today you, the parliamentarians, would make the necessary laws», — he stressed.

At the meeting on Thursday February 18, the Verkhovna Rada adopted a presidential law No. 4054 on the improvement of the procedure of arrest of property and special confiscation, which is part of the so-called «visa-free» package of laws necessary for visa liberalization for Ukrainian citizens by the European Union.

Then the Parliament adopted the law No. 4055 of transparency in the organization of activities of the Specialized anti-corruption Prosecutor’s office in response to the recommendations of the International monetary Fund.




Rada coped with «visa service». The law on the national Agency for the return of criminally acquired assets 18.02.2016

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