Особливості адміністрування та характеристика активів, що можуть бути передані в управління АРМА

Abstract

The purpose of the article is to study the assets that can be transferred to the management of ARMA, and the features of management of them. Methodology. The paper uses general scientific and special-scientific methods of cognition, the concrete combination of which is determined by the purpose and objectives of the study. Using the formal-logical method has allowed to define, clarify and supplement the individual concepts of the category and thus to organize the conceptual-categorical apparatus. Methods of formal and logical logic were also used, in particular methods of analysis and synthesis, deduction and induction, analogies and generalizations, and others like that. The scientific novelty of the article is is due to the fact that it is a study of some problematic issues regarding the assets that can be transferred to the management of ARMA, in addition, the characteristics of such assets are carried out. Conclusions. To date, in practice, assets that are not listed in the Model List approved by the Cabinet of Ministers are transferred to the court for implementation by the court. However, this is not a problem of enforcement due to the discretionary powers of the ARMA established by the law, which consist in the competence of the ARMA to independently establish the affiliation or inadequacy of assets to the types of property specified in the Model List and, depending on this, to determine, taking into account the rule of law, which way the asset management is most effective. In order to resolve the issue of conflict with the norms of the Law and the CPC of Ukraine, it is proposed to bring the CPC of Ukraine into line with the norms of the CPC and implement it in the system of criminal procedural legislation of Ukraine. It is also proposed to consolidate in the Law and the CPC of Ukraine requirements for assets that can be transferred to ARMA management, as well as requirements about transfer to asset management, along with accompanying documentation, for efficient use and disposal. In the future it would be interesting to investigate the judicial practice of appealing decisions on the transfer of assets in the management of ARMA. Keywords: assets; National Agency of Ukraine on the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes; ARMA; asset management.