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	<title>asset recovery - Transparency International Ukraine</title>
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	<title>asset recovery - Transparency International Ukraine</title>
	<link>https://ti-ukraine.org/en/</link>
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		<title>How to rebuild Ukraine — sociological survey of citizens and business representatives</title>
		<link>https://ti-ukraine.org/en/research/how-to-rebuild-ukraine-sociological-survey-of-citizens-and-business-representatives/</link>
		
		<dc:creator><![CDATA[Віка Карпінська]]></dc:creator>
		<pubDate>Wed, 14 Jun 2023 07:35:46 +0000</pubDate>
				<guid isPermaLink="false">https://ti-ukraine.org/?post_type=research&#038;p=24844</guid>

					<description><![CDATA[<p>At the request of Transparency International Ukraine with the support of the USAID ‘Support to Anti-Corruption Champion Institutions’ (SACCI) Program in Ukraine, Info Sapiens research agency conducted a sociological survey among the population and representatives of Ukrainian business about the needs and expectations of the future reconstruction of Ukraine.</p>
<p>The post <a href="https://ti-ukraine.org/en/research/how-to-rebuild-ukraine-sociological-survey-of-citizens-and-business-representatives/">How to rebuild Ukraine — sociological survey of citizens and business representatives</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></description>
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<p><span style="font-weight: 400;">At the request of </span><b>Transparency International Ukraine</b><span style="font-weight: 400;"> with the support of the USAID ‘Support to Anti-Corruption Champion Institutions’ (SACCI) Program in Ukraine, Info Sapiens research agency conducted a sociological survey among the population and representatives of Ukrainian business about the needs and expectations of the future reconstruction of Ukraine.  These data represent the opinion of citizens and businesses on the main issues: expectations from reconstruction, vision for the restoration, trust in the institutions, the main risks and ways to offset them.</span></p>
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<h3><b>The main problems of Ukraine in the opinion of Ukrainians and business</b></h3>
<p><span style="font-weight: 400;">Ukrainians consider the war (98%), the destruction of infrastructure and housing (87%), as well as corruption (77%), to be the main problems of the country. The next most serious issues are the lack of professional specialists in power (61%) and unemployment (60%); the latter is perceived especially acutely by women (probably, they experience this problem more often). Among other important problems of Ukrainians are the high cost of living and low incomes. </span></p>
<p><a href="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika1_eng.png"><img decoding="async" loading="lazy" class="alignnone size-full wp-image-24834" src="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika1_eng.png" alt="" width="1200" height="750" srcset="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika1_eng.png 1200w, https://ti-ukraine.org/wp-content/uploads/2023/06/infografika1_eng-400x250.png 400w, https://ti-ukraine.org/wp-content/uploads/2023/06/infografika1_eng-768x480.png 768w" sizes="auto, (max-width: 1200px) 100vw, 1200px" /></a></p>
<p><span style="font-weight: 400;">And if the population places corruption third after the armed aggression of russia and its consequences, then for business the issues of corruption seem more serious than destruction. Business representatives complain significantly more often about corruption, lack of professionalism of the authorities, the injustice of the judicial system and are concerned about population migration and the lack of investment in the economy.</span></p>
<p><span style="font-weight: 400;">The business identifies the lack of solvent demand, low purchasing power, loss of qualified personnel, problems with the supply chain, and loss of logistics links as its main pain points for today. The shortage of qualified personnel is particularly acute in such areas as </span><i><span style="font-weight: 400;">Design, Construction, Professional and Technical Activities</span></i><span style="font-weight: 400;"> and </span><i><span style="font-weight: 400;">Transport and Logistics</span></i><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">83% of business representatives suffered losses. 25% suffered destruction or damage, but only a third of them recorded or are recording damage to file a claim for compensation. They do not apply for compensation because they do not believe in reimbursement and/or assistance, the business does not see the point of submitting such applications.</span></p>
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<h3><b>Expectations of the population and the business from the reconstruction process</b></h3>
<p><span style="font-weight: 400;">The population and the business share the position that the reconstruction of Ukraine will last up to 10 years or more — this opinion was expressed by 60% of business representatives and the population.</span></p>
<p><b>The main principles of reconstruction in the opinion of the vast majority of respondents should be:</b></p>
<ul>
<li><span style="font-weight: 400;"> </span><b>Decentralization of funds</b><span style="font-weight: 400;">. Each affected community has its features, so the plans should be individual. 76% of Ukrainians and 78% of business representatives agreed with this opinion. Accordingly, 50% of Ukrainians and 68% of business representatives believe budgets should also be allocated for each project, and not distributed centrally.</span></li>
<li><b>Development of reconstruction strategy in advance. </b><span style="font-weight: 400;">Ukraine should develop plans and reconstruction strategies now, so as not to waste time after the victory. 86% of Ukrainians and 81% of business representatives agreed with this opinion.</span></li>
<li><b>Transparency and openness of reconstruction. </b><span style="font-weight: 400;">79% of the population and 62% of business representatives believe that all processes and stages of the country&#8217;s recovery should be as transparent and open as possible, for example, using the Prozorro system. Respondents are also interested in access to data on responsible individuals, results of control over work performance, control of receipts and expenditures of funds.</span></li>
<li><b>Citizen and business engagement</b><span style="font-weight: 400;">. Respondents insist that in the process of reconstruction, the authorities should consult the public and the business — this desire is demonstrated by 94% of the population and 91% of entrepreneurs.</span></li>
<li><b>Quality of work as a priority.</b><span style="font-weight: 400;"> The population clearly supports the idea that the selection of performers of reconstruction works should be based on the principle of “better longer/more expensive, but better.” More than half of the respondents name high quality of work, reputation (good reviews), and experience in project implementation among the main criteria. At least one of these criteria was mentioned by 93% of respondents. The business fully supports the population in the desire to rely on reputational criteria in the selection of performers of reconstruction works, as well as on factors of experience and proven quality. To be more precise, the propensity to rely on reputation criteria among business representatives is significantly higher than among the population (71%-73% among the businesses compared to 56% among the population).</span></li>
</ul>
<p><span style="font-weight: 400;"><em>“Ukrainian society pays an extremely high price, fighting for its freedom. Thus, the population demonstrates its growing demand for the future, while declaring its readiness to actively engage in processes and be part of changes. On the one hand, Ukrainians want to get a “magic wand” and build everything better than it was, with strategic planning and comprehensive solutions. On the other hand, they understand the importance of rebuilding housing and infrastructure wherever possible and the relevance of these works today,”</em> said Anastasia Mazurok, Deputy Executive Director of Transparency International Ukraine.</span></p>
<p><a href="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika2_eng.png"><img decoding="async" loading="lazy" class="alignnone size-full wp-image-24836" src="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika2_eng.png" alt="" width="1200" height="750" srcset="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika2_eng.png 1200w, https://ti-ukraine.org/wp-content/uploads/2023/06/infografika2_eng-400x250.png 400w, https://ti-ukraine.org/wp-content/uploads/2023/06/infografika2_eng-768x480.png 768w" sizes="auto, (max-width: 1200px) 100vw, 1200px" /></a></p>
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<h3><b>Reconstruction priorities</b></h3>
<p><span style="font-weight: 400;">Both the population (59%) and business representatives (63%) are convinced that housing for those who lost it should be built now, and not wait for major construction after the victory. At the same time, respondents believe that the priority should be to restore the critical infrastructure of the country, and houses come second.</span></p>
<p><span style="font-weight: 400;">The population expects that the reconstruction will affect not only the destroyed objects and areas, but will also cover the construction of what the country needed before the war and the modernization of old objects. For example: villagers expect that as part of the reconstruction, roads and social infrastructure (hospitals, schools) in their area will be built / repaired.</span></p>
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<h3><b>Fears regarding future reconstruction</b></h3>
<p><span style="font-weight: 400;">The results of the survey show that in matters of rebuilding the country, Ukrainians, especially business representatives, consider corruption an even greater threat than a possible repetition of hostilities. Thus, 73% of Ukrainians and 80% of business representatives are most concerned about the resumption of corruption schemes in the reconstruction process. 63% of citizens and 73% of entrepreneurs are afraid of the lack of control and the embezzlement of public funds as a result. The resumption of hostilities only comes third, according to the business (45%) and the population (55%).</span></p>
<p><a href="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika3_eng.png"><img decoding="async" loading="lazy" class="alignnone size-full wp-image-24838" src="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika3_eng.png" alt="" width="1200" height="750" srcset="https://ti-ukraine.org/wp-content/uploads/2023/06/infografika3_eng.png 1200w, https://ti-ukraine.org/wp-content/uploads/2023/06/infografika3_eng-400x250.png 400w, https://ti-ukraine.org/wp-content/uploads/2023/06/infografika3_eng-768x480.png 768w" sizes="auto, (max-width: 1200px) 100vw, 1200px" /></a></p>
<p><span style="font-weight: 400;">To neutralize the main fear of Ukrainians — corruption, it is necessary to provide control mechanisms — this is the opinion of 33% of the population and 44% of business representatives. Moreover, Ukrainians are in favor of increasing criminal liability for corruption (24% and 18%, respectively).</span></p>
<p><span style="font-weight: 400;">The population as a whole has a rather vague idea of which institutions should be responsible for certain areas in reconstruction.</span><span style="font-weight: 400;"> </span></p>
<ul>
<li><span style="font-weight: 400;">For example, the relative majority of respondents (from 42% to 46%) consider business structures (both national and international) to be responsible </span><b>for finding financing</b><span style="font-weight: 400;">, the authorities come second (in particular, the President and international donor organizations).</span></li>
<li><span style="font-weight: 400;">According to more than half of the population, the business (local, national, and international), as well international organizations and donors, should</span><b> finance the reconstruction</b><span style="font-weight: 400;">.</span></li>
<li><span style="font-weight: 400;">Almost all institutions have to</span><b> control expenditures</b><span style="font-weight: 400;"> — from the authorities at all levels to public activists and law enforcement agencies. However, when clarifying, the main responsibility for control is assigned to independent auditors and the President.</span></li>
<li><span style="font-weight: 400;">  </span><span style="font-weight: 400;">According to 44% of Ukrainians, the President of Ukraine has to</span><b> set the tasks</b><span style="font-weight: 400;">, while 30% believe this should be done by local, legislative, and central executive authorities.</span></li>
<li><span style="font-weight: 400;">Local authorities (54%) and the President</span> <span style="font-weight: 400;">(49%)</span> <span style="font-weight: 400;">have to </span><b>control the implementation of tasks</b><span style="font-weight: 400;">.</span></li>
</ul>
<p><span style="font-weight: 400;">What is important, the State Agency for Restoration and Infrastructure Development of Ukraine, which has been established only this year, will be effective in the opinion of 65% of the population. The rate of expectation of efficiency among businesses is significantly lower and is 49%. </span></p>
<p><span style="font-weight: 400;">“The business, like the population of Ukraine, is afraid of corruption and the restoration of practices that lack integrity. At the same time, the business generally trusts the authorities less and relies more on itself.</span></p>
<p><i><span style="font-weight: 400;">The results of the study emphasize the critical importance of ensuring transparent access to information, comprehensive communication, explanation of plans, and how citizens can influence certain stages of reconstruction and be engaged in different stages. This is the key to understanding and avoiding disappointments,” </span></i><span style="font-weight: 400;">says<strong> Anastasiia Mazurok</strong>, Deputy Executive Director of Transparency International Ukraine.</span></p>
<p><iframe loading="lazy" src="https://drive.google.com/file/d/1MxD5o-DbZ6AQGYEz4dfLyYP6TxrSof7y/preview" width="640" height="480"></iframe></p>
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<p><i>*This research was made possible by the support of the American people through the United States Agency for International Development (USAID) within the SACCI project. The content of this publication is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of USAID or the United States Government.</i></p>
<p>&nbsp;</p>
<p><i>For reference: The Support to Anti-Corruption Champion Institutions Program in Ukraine (SACCI) is a seven-year initiative of the United States Agency for International Development (USAID), which aims to assist Ukraine to combat corruption and increase accountability and transparency of governance in Ukraine. The program seeks to empower key government institutions to fight corruption, build public support for and engagement in anti-corruption efforts, reduce citizen tolerance to corruption, as well as ensure maximum transparency and accountability of Ukraine’s post-war reconstruction and</i></p>
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<p><!--/.row--></p><p>The post <a href="https://ti-ukraine.org/en/research/how-to-rebuild-ukraine-sociological-survey-of-citizens-and-business-representatives/">How to rebuild Ukraine — sociological survey of citizens and business representatives</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></content:encoded>
					
		
		
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		<title>Ukraine to Benefit from Seized Open Freight Cars</title>
		<link>https://ti-ukraine.org/en/news/ukraine-to-benefit-from-seized-open-freight-cars/</link>
		
		<dc:creator><![CDATA[Наталія Сліпенко]]></dc:creator>
		<pubDate>Fri, 20 Mar 2020 11:01:34 +0000</pubDate>
				<guid isPermaLink="false">https://ti-ukraine.org/?post_type=news&#038;p=14291</guid>

					<description><![CDATA[<p>On March 6, the High Anti-Corruption Court ruled to transfer the 1000 open freight cars which law enforcement officers believe to be the product of [&#8230;]</p>
<p>The post <a href="https://ti-ukraine.org/en/news/ukraine-to-benefit-from-seized-open-freight-cars/">Ukraine to Benefit from Seized Open Freight Cars</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></description>
										<content:encoded><![CDATA[<p>On March 6, the High Anti-Corruption Court ruled to transfer the 1000 open freight cars which law enforcement officers believe to be the product of abuse of power and other crimes of a former minister to the ARMA.</p>
<p>TI Ukraine urges the ARMA to put every effort into working with this sensitive, valuable and publicly recognizable asset. We ask that it hold an open selection of the manager with engagement of the maximum number of professional participants. The ARMA also needs to set up regular public reporting on the management of these assets.</p>
<p>It is a great opportunity for the new management of the Agency to demonstrate its readiness to be transparent and accountable.</p>
<p>Recall that in the summer of 2017, judges of Pechersk District Court disregarded the effective legislation and seized 1000 open freight cars at the motion of the military prosecution. This property was transferred to the management of Ukrzaliznytsia, though the ARMA had already been established by then.</p>
<p>At the end of 2017, the ARMA received dozens of high-end apartments in Kyiv and Odesa, over 30 parking spots, land lots, corporate rights, 5000 sq. m of office space in Gulliver shopping mall and a hunting ground of about 3,000 sq.m on 1.5 ha of land. Military prosecutors believe all of this property to be the result of criminal activity of the same former official.</p>
<p>The owners kept attempting to regain control over the valuable property. They tried to use loopholes in the judicial system and to block the ARMA&#8217;s work with judicial decisions.</p>
<p><em>This publication is funded by the European Union and co-financed and implemented by the Ministry of Foreign Affairs of Denmark.</em></p><p>The post <a href="https://ti-ukraine.org/en/news/ukraine-to-benefit-from-seized-open-freight-cars/">Ukraine to Benefit from Seized Open Freight Cars</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></content:encoded>
					
		
		
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		<title>ARMA Launched a Register of Seized Assets</title>
		<link>https://ti-ukraine.org/en/news/arma-launched-a-register-of-seized-assets/</link>
		
		<dc:creator><![CDATA[Віка Карпінська]]></dc:creator>
		<pubDate>Tue, 18 Feb 2020 17:16:39 +0000</pubDate>
				<guid isPermaLink="false">https://ti-ukraine.org/?post_type=news&#038;p=14067</guid>

					<description><![CDATA[<p>On February 18, ARMA launched a register of seized assets in test mode. It now has information on over two thousand assets.</p>
<p>The post <a href="https://ti-ukraine.org/en/news/arma-launched-a-register-of-seized-assets/">ARMA Launched a Register of Seized Assets</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></description>
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<p><span style="font-weight: 400;">On February 18, ARMA launched a </span><a href="http://test.arma.gov.ua/#/"><span style="font-weight: 400;">register of seized assets</span></a><span style="font-weight: 400;"> in test mode. It now has information on over two thousand assets.</span></p>
<p><span style="font-weight: 400;">This is stated on the Agency&#8217;s </span><a href="https://arma.gov.ua/en/news/typical/arma-vidkrilo-dostup-do-reestru-z-informatsieyu-pro-ponad-2-tisyachi-areshtovanih-aktiviv"><span style="font-weight: 400;">website</span></a><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">The launch of this register is foreseen in the 2015 ARMA law. Its purpose is to summarize and promptly exchange information on assets obtained by crime. The register shall provide data on the assets seized, managed or sold within the framework of criminal proceedings, confiscation, proceeds from their sale, etc.</span></p>
<p><span style="font-weight: 400;">“Transparency International Ukraine has repeatedly emphasized the need for this register. Most of the assets in the management of the ARMA are sensitive, with special attention from the public drawn to them. Thus, launching the registry is really a step forward. There is still much work to be done to improve it and function properly. My colleagues and I will definitely test it and provide our findings later,” said the head of TI Ukraine legal department </span><b>Kateryna Ryzhenko</b><span style="font-weight: 400;">.</span></p>
<p><span style="font-weight: 400;">Incidentally, suggestions and concerns regarding the register can be sent by e-mail test_reestr@arma.gov.ua (with the subject of the letter: “Proposals for the work of the Register”).</span></p>
<p><span style="font-weight: 400;">Let`s recall, on March 19, the Asset Recovery and Management Agency with the assistance of Transparency International Ukraine presented a </span><a href="https://ti-ukraine.org/en/news/what-assets-connected-with-former-minister-klymenko-can-go-to-public-ownership/"><span style="font-weight: 400;">list </span></a><span style="font-weight: 400;">of seized assets. Among other things, it will be possible to find information on the number of assets transferred by the courts to the ARMA management, information on the status of management of the seized property and their geography.</span></p>
<p>&nbsp;</p>
<p><em>This publication has been created with the support of the European Union. Its content is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of the European Union.</em></p>
<p><em>Transparency International Ukraine works with the National Agency within the project Enhancing the Role of Civil Society in Public Finance Oversight, financed by the European Union. The project aims at empowering civil society and journalists with effective anti-corruption, asset recovery and anti-money laundering tools to perform the public finance oversight, support the launch of Asset Recovery and Management Agency (ARMA) and to update the list of Politically Exposed Persons. Find out more at <a href="https://goo.gl/Jgr9ic">https://goo.gl/Jgr9ic</a></em></p>
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			            	Most of the assets in the management of the ARMA are sensitive, with special attention from the public drawn to them. Thus, launching the registry is really a step forward. There is still much work to be done to improve it and function properly. My colleagues and I will definitely test it and provide our findings later.
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			            	Kateryna Ryzhenko
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<p><!--/.row--></p><p>The post <a href="https://ti-ukraine.org/en/news/arma-launched-a-register-of-seized-assets/">ARMA Launched a Register of Seized Assets</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></content:encoded>
					
		
		
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		<title>Zero corruption-related guilty verdicts for Yanukovych</title>
		<link>https://ti-ukraine.org/en/news/zero-corruption-related-guilty-verdicts-for-yanukovych/</link>
		
		<dc:creator><![CDATA[TI Ukraine]]></dc:creator>
		<pubDate>Thu, 21 Nov 2019 15:32:27 +0000</pubDate>
				<guid isPermaLink="false">https://ti-ukraine.org/?post_type=news&#038;p=13404</guid>

					<description><![CDATA[<p>It has been six years, and despite all the changes, the cases concerning Yanukovych and his associates remain without proper investigation or judicial verdicts.</p>
<p>The post <a href="https://ti-ukraine.org/en/news/zero-corruption-related-guilty-verdicts-for-yanukovych/">Zero corruption-related guilty verdicts for Yanukovych</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></description>
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<p>On this day, people started getting together on Maidan in Kyiv and in other cities. Everyone was tired of the authorities deceiving them.</p>
<p>First they spoke about reforms, and then failed the EU Association Agreement.<br />
They spoke about improvement and only cared about improvement of their own wealth.<br />
They promised justice yet eventually ran away from it.</p>
<p>The Revolution of Dignity demanded that law enforcement should act based on the citizens&#8217; interests, the judiciary should guarantee justice, and grand corruption should be punished.</p>
<p>It has been six years, and despite all the changes, the cases concerning Yanukovych and his associates remain without proper investigation or judicial verdicts.</p>
<p>The Prosecutor General&#8217;s Office spoke about $40 billion stolen by the former president and his inner circle. A lot of this money is hidden or invested offshore.</p>
<p>Yanukovych himself has only been ruled guilty of treason. Not of corruption. EU sanctions are still in effect, but the work of Ukrainian law enforcement hardly merits praise.</p>
<p>For one, think about the seizure of $1.5 billion that allegedly belonged to Yanukovych and his &#8220;family.&#8221; The judicial decision was classified and TI Ukraine&#8217;s lawyers demanded its publication in court.</p>
<p>But the issue of corruption is just one part of the big criminal scenario. High-ranking officials who ordered killing of peaceful protesters are not punished yet. Nor are those who brought foreign military into our country.</p>
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			            	The Revolution of Dignity demanded that law enforcement should act based on the citizens&#8217; interests, the judiciary should guarantee justice, and grand corruption should be punished.
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<p><!--/.row--></p><p>The post <a href="https://ti-ukraine.org/en/news/zero-corruption-related-guilty-verdicts-for-yanukovych/">Zero corruption-related guilty verdicts for Yanukovych</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></content:encoded>
					
		
		
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		<title>The perpetrators of misuse of the seized assets should be liable to that</title>
		<link>https://ti-ukraine.org/en/news/the-perpetrators-of-misuse-of-the-seized-assets-should-be-liable-to-that/</link>
		
		<dc:creator><![CDATA[TI Ukraine]]></dc:creator>
		<pubDate>Wed, 21 Aug 2019 11:08:50 +0000</pubDate>
				<guid isPermaLink="false">https://ti-ukraine.org/?post_type=news&#038;p=12584</guid>

					<description><![CDATA[<p>The State Bureau of Investigation is investigating the possible illegal sale of 27 hectares on the Black Sea coast. It is about the arrested lands transferred to the Asset Recovery and Management Agency (ARMA).</p>
<p>The post <a href="https://ti-ukraine.org/en/news/the-perpetrators-of-misuse-of-the-seized-assets-should-be-liable-to-that/">The perpetrators of misuse of the seized assets should be liable to that</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></description>
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<p>The State Bureau of Investigation is <a href="http://reyestr.court.gov.ua/Review/83344580">investigating</a> the possible illegal sale of 27 hectares on the Black Sea coast. It is about the arrested lands transferred to the Asset Recovery and Management Agency (ARMA).</p>
<p>According to one of the <a href="http://reyestr.court.gov.ua/Review/83593750">rulings</a> in the court register, ARMA could have violated the rules of electronic tender procedure. In particular, the Agency gave about a week to prepare for the auction of seized property with the help of electronic tender (SETAM) system. Although pursuant to regulatory documents, the ARMA should have set a deadline of at least thirty days, because this very case is about selling real estate.</p>
<p>In addition, there is a doubt about the appropraite assessment of the Black Sea land. According to the ruling, the investigators of the State Bureau of Investigation consider the price of lots as understated.</p>
<p>Creating an effective institution responsible for conservation of seized assets and their management is a very important step of anti-corruption reform. Mezhyhirya, Dubnevichi CHP, offices in Gulliver,&#8221;Yanukovych helipad&#8221;, &#8220;Wojciechowski&#8217;s self-build&#8221;, assets of the NACBU-SAP defendants &#8211; ARMA is responsible for the temporary management and sale.</p>
<p>TI Ukraine has already sent numerous requests to ARMA, SETAM and SBI to clarify the circumstances of the case and identify potential opportunities for corruption abuses.</p>
<p>As a reminder, last week the head of the legal department of TI Ukraine published a column on NW.Business, which briefly and essentially describes the two most important blocks   of <a href="https://biz.nv.ua/ukr/experts/ministerstvo-yusticiji-areshtovane-mayno-torgi-novini-ukrajini-50036313.html">SETAM problems.</a></p>
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<p><em>This publication has been prepared with the financial support of the European Union. Its content is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of the European Union.</em></p>
<p><em>Transparency International Ukraine works with the National Agency within the project Enhancing the Role of Civil Society in Public Finance Oversight, financed by the European Union. The project aims at empowering civil society and journalists with effective anti-corruption, asset recovery and anti-money laundering tools to perform the public finance oversight, support the launch of Asset Recovery and Management Agency (ARMA) and to update the list of Politically Exposed Persons. Find out more at <a href="https://goo.gl/Jgr9ic">https://goo.gl/Jgr9ic</a></em></p>
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			            	There is a doubt about the appropraite assessment of the Black Sea land. According to the ruling, the investigators of the State Bureau of Investigation consider the price of lots as understated.
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<p><!--/.row--></p><p>The post <a href="https://ti-ukraine.org/en/news/the-perpetrators-of-misuse-of-the-seized-assets-should-be-liable-to-that/">The perpetrators of misuse of the seized assets should be liable to that</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></content:encoded>
					
		
		
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		<title>Foreign Detectives to Look for Ukrainians&#8217; Corrupt Assets</title>
		<link>https://ti-ukraine.org/en/news/foreign-detectives-to-look-for-ukrainians-corrupt-assets/</link>
		
		<dc:creator><![CDATA[Наталія Сліпенко]]></dc:creator>
		<pubDate>Wed, 03 Jul 2019 17:35:54 +0000</pubDate>
				<guid isPermaLink="false">https://ti-ukraine.org/?post_type=news&#038;p=11809</guid>

					<description><![CDATA[<p>Do you remember the story of a swindler who faked his own death to avoid arrest? In January 2018, the French police took interest in [&#8230;]</p>
<p>The post <a href="https://ti-ukraine.org/en/news/foreign-detectives-to-look-for-ukrainians-corrupt-assets/">Foreign Detectives to Look for Ukrainians’ Corrupt Assets</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></description>
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<p><span style="font-weight: 400;">Do you remember the story of a swindler who faked his own death to avoid arrest?</span></p>
<p>In January 2018, the French police took interest in a rich foreigner who bought a castle in Burgundy. When it turned out that the man was Ukrainian, the gendarmes contacted the Ukrainian police. It turned out that the Ukrainian was wanted by Europol and the Prosecutor General&#8217;s Office for a long time, but the case was closed due to the suspect&#8217;s &#8220;death.&#8221; With a death certificate attached.</p>
<p>The French investigation leaped to a new level. From internal fraud, the case turned into international money laundering. The &#8220;high-profile runaway&#8221; from Ukraine was arrested.</p>
<p>This is a great case of interaction of international asset tracing institutions. Recently, the government has taken another step towards improvement of this cooperation.</p>
<p>On 12 June, the Government adopted a regulation allowing the ARMA to engage foreign detectives in search of illegally obtained funds abroad. Here are some answers about the anti-corruption impact of this decision.</p>
<p><b>Why do we need foreign detectives?</b></p>
<p>If the suspect of corruption has assets in Ukraine, he or she cannot use them if the court transfers these assets to the ARMA. But what do we do if the suspect keeps these funds abroad?</p>
<p>Now, the Ministry of Justice and the ARMA will be able to request foreign courts to freeze questionable assets of Ukrainian origin. A foreign court can make the decision to block these assets.</p>
<p><b>How did it work before?</b></p>
<p><span style="font-weight: 400;">There was no effective mechanism of engaging foreign lawyers and detectives in asset recovery.</span></p>
<p>For instance, to engage international lawyers, the ARMA would have had to act under the Law of Ukraine &#8220;On public procurement,&#8221; that is, announce a tender and organize an open bidding procedure. Few international lawyers would be interested in participating.</p>
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			            	Before, the ARMA would have had to act under the Law of Ukraine &#8220;On public procurement,&#8221; that is, announce a tender and organize an open bidding procedure. Few international lawyers would be interested in participating.
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<p><b>How will it work now?</b></p>
<p>Much better! Now, the ARMA and the Ministry of Justice can engage foreign lawyers and detectives in asset recovery. The benefit of foreign lawyers is that they understand the local legislation.</p>
<p><span style="font-weight: 400;">After the assets are found, these lawyers can help to freeze the assets by filing a lawsuit with the local court. They will also represent the interest of Ukraine in these courts. They will work based on success compensation &#8212; that is, if they succeed, they will be paid a percentage of the recovered assets, if they fail, they will not be paid. </span></p>
<p><span style="font-weight: 400;">The next step will be to set up communication between the Prosecutor General&#8217;s Office and the Ministry of Justice and the foreigners to get the asset transferred under the management of the ARMA.</span></p>
<p><b>Where will they look for this property?</b></p>
<p>The ARMA is an agency authorized to work with international organizations and networks whose activity aims at providing international cooperation in finding, tracing and management of assets. The agency already works with a number of such organizations, for instance, with StAR, CARIN, etc.</p>
<p><b>To sum up </b></p>
<p><span style="font-weight: 400;">While this is certainly a welcome step that will make the ARMA&#8217;s work much easier, this is not the only thing that needs to be done to make the Agency more efficient.</span></p>
<p>TI Ukraine has reiterated multiple times that the ARMA needs many legislative changes to work more effectively. Until all these changes are adopted, it will not be a truly effective anti-corruption agency.</p>
<p><em>Transparency International Ukraine works with the National Agency within the project Enhancing the Role of Civil Society in Public Finance Oversight, financed by the European Union. The project aims at empowering civil society and journalists with effective anti-corruption, asset recovery and anti-money laundering tools to perform the public finance oversight, support the launch of Asset Recovery and Management Agency (ARMA) and to update the list of Politically Exposed Persons. Find out more at <a href="https://goo.gl/Jgr9ic?fbclid=IwAR1rFXoTduW5Cjpz0i8in-UiNpc9l9_dEDujrVn_--rqLvb1WRAgw4S4jzI" target="_blank" rel="nofollow noopener" data-lynx-mode="hover" data-lynx-uri="https://l.facebook.com/l.php?u=https%3A%2F%2Fgoo.gl%2FJgr9ic%3Ffbclid%3DIwAR1rFXoTduW5Cjpz0i8in-UiNpc9l9_dEDujrVn_--rqLvb1WRAgw4S4jzI&amp;h=AT39vHB7dAXpmBT7B_jgg4eLFMeLxudAF05XGZ3NGdru4fXCHaDRbUBvV51JjAbkJ68k8FxW2N2mufIVEan8b6kypnWfg0u9ehlP47AABr1retFZdVVU0XolYhPoXYPJ7sAjidak999KEwW22bNcnA">https://goo.gl/Jgr9ic</a></em></p>
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			            	The benefit of foreign lawyers is that they understand the local legislation.
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<p><!--/.row--></p><p>The post <a href="https://ti-ukraine.org/en/news/foreign-detectives-to-look-for-ukrainians-corrupt-assets/">Foreign Detectives to Look for Ukrainians’ Corrupt Assets</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></content:encoded>
					
		
		
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		<title>Effective Work of ARMA: Necessary Legislative Changes</title>
		<link>https://ti-ukraine.org/en/blogs/effective-work-of-arma-necessary-legislative-changes/</link>
		
		<dc:creator><![CDATA[TI Ukraine]]></dc:creator>
		<pubDate>Mon, 24 Jun 2019 10:17:27 +0000</pubDate>
				<guid isPermaLink="false">https://ti-ukraine.org/?post_type=blog&#038;p=11739</guid>

					<description><![CDATA[<p>The absence of an effective mechanism for management of seized assets with the aim of preserving their economic value in criminal proceedings, insufficient effectiveness of [&#8230;]</p>
<p>The post <a href="https://ti-ukraine.org/en/blogs/effective-work-of-arma-necessary-legislative-changes/">Effective Work of ARMA: Necessary Legislative Changes</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></description>
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<p>The absence of an effective mechanism for management of seized assets with the aim of preserving their economic value in criminal proceedings, insufficient effectiveness of asset recovery with the aim of their seizure by law enforcement agencies and recommendations of the European Commission as part of the negotiations around the visa liberalization regime all led to the establishment of the National Agency for finding, tracing and management of assets obtained through corruption and other crimes, or Asset Recovery and Management Agency (ARMA).</p>
<p>The specialized law on the ARMA was adopted on 10 November 2015. At the end of October 2017, the ARMA accepted its first assets for management and started fulfilling its key functions of asset recovery and management.</p>
<p>It should be noted that MPs were adopting the specialized Law in the situation of effective absence of regulatory framework for management of assets seized in criminal proceedings to restore their economic value in Ukraine.</p>
<p>Analyzing the activity of the ARMA in management of assets obtained through corruption and other crimes as of June 2019, we can observe that the legislation in this sector needs improvement. The following areas are a priority:</p>
<p>The ARMA needs to get a legal status in the criminal process as a participant of the criminal and court proceedings. Today, the ARMA cannot participate in judicial hearings where motions on transfer of seized assets to the ARMA are reviewed. The ARMA cannot dispute cancellation of asset seizure, etc. This burden falls on prosecution, which does not always make sense.</p>
<p>The ARMA is excluded from discussions in criminal proceedings before the potential seizure and transfer of assets in order to establish the purpose, scope and management method of certain assets. This leads to situations where the ARMA receives assets that cannot be managed or even sold. In some cases, the location of assets cannot be established. Sometimes, before assets are seized and transferred, they need to be studied and analyzed, because their management requires special knowledge.</p>
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			            	MPs were adopting the specialized Law in the situation of effective absence of regulatory framework for management of assets seized in criminal proceedings to restore their economic value in Ukraine. 
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<p>The ARMA&#8217;s asset management activity is sometimes blocked when assets have been transferred to the ARMA as a security measure. For instance, a court decision can prohibit the ARMA to execute any asset management measures.</p>
<p>This means that the priority principle must be legislative established in criminal proceedings and blocking of the ARMA must be rendered impossible.</p>
<p>It should also be pointed out that discussions around the Agency lead to the idea of a possible change of purpose of asset management by the National Agency. The possibility of a social focus in the management activity should be discussed, where assets would be transferred to the society in special cases. For instance, Mezhyhiria is an economically unattractive asset for potential managers due to a number of risks, but active citizens view it as highly important and it should thus be preserved with the option to visit it and organize social and anti-corruption events there.</p>
<p>I believe that the aforementioned problems are the most important ones; however, this list is not exhaustive. Certain provisions of the Law on the ARMA should be changed, and the Criminal Procedural Code should be brought in agreement with it. Discussions around the social focus in th ARMA&#8217;s work should also continue.</p>
<p><em>This publication has been prepared with the financial support of the European Union. Its content is the sole responsibility of Transparency International Ukraine and does not necessarily reflect the views of the European Union.</em></p>
<p><em>Transparency International Ukraine works with the National Agency within the project Enhancing the Role of Civil Society in Public Finance Oversight, financed by the European Union. The project aims at empowering civil society and journalists with effective anti-corruption, asset recovery and anti-money laundering tools to perform the public finance oversight, support the launch of Asset Recovery and Management Agency (ARMA) and to update the list of Politically Exposed Persons. Find out more at <a href="https://goo.gl/Jgr9ic">https://goo.gl/Jgr9ic</a></em></p>
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<p><!--/.row--></p><p>The post <a href="https://ti-ukraine.org/en/blogs/effective-work-of-arma-necessary-legislative-changes/">Effective Work of ARMA: Necessary Legislative Changes</a> first appeared on <a href="https://ti-ukraine.org/en/">Transparency International Ukraine</a>.</p>]]></content:encoded>
					
		
		
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