Informational reference on the Draft Law of Ukraine "On Amendments to the Criminal Procedure Code of Ukraine on strengthening judicial control over the management of seized assets" (No. 12387, dated 08.01.2025)

Research Service of the Verkhovna Rada of Ukraine
05 March 2025, 10:00

Abstract. The informational reference analyzes the grounds and procedure for transferring seized assets during criminal proceedings to the management of the National Agency of Ukraine for the detection, search and management of assets derived from corruption and other crimes. These problems are examined in the context of the provisions of the above-mentioned draft law No. 12387, dated 08.01.2025.

The review considers, among other things, the compliance of the draft law with the requirements of the Constitution of Ukraine, the fundamental principles of law-making activity, the norms of current criminal procedural legislation, the provisions of program documents and laws of Ukraine that regulate public relations in the field of preventing and combating corruption, and the anti-corruption activities of authorized state bodies.

The results of the research identified risks that will hinder the effective implementation of the bill during law enforcement activities and the achievement of its declared goal of legislatively ensuring effective judicial control over the use of assets seized during criminal proceedings and preserving their economic value.

Key words: Criminal Procedure Code of Ukraine, corruption criminal offenses, National Agency of Ukraine for Identification, Tracing and Management of Assets Obtained from Corruption and Other Crimes, ARMA, asset management, investigating judge, court, consideration of the petition, decision of the investigating judge, appeal against the decision.

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02/2025