Проблеми забезпечення захисту майнових прав осіб у сфері виявлення, розшуку йуправління активами, одержаними від корупційних та інших злочинів

Abstract

The purpose of the articleis studying the peculiarities of the functioning of the National Agency of Ukraine on the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes as a new executive body of Ukraine in co-operation with other bodies, problems of providing property rights of persons at the stage of pre-trial investigation in criminal proceedings, and making suggestions for their solution. 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. The method of formal logic andlogico-meaningful method were also used, in particular methods of analysis and synthesis, deduction and induction, analogies and generalizations, etc. The scientific novelty of the article is determined by the fact that the article outlined the problems of ensuring the property rights of individuals at the stage of pre-trial investigation in criminal proceedings, and suggested ways of their solution, as well as investigated the peculiarities of the functioning of Agency as a new executive body of Ukraine in co-operation with other bodies. Conclusions.The need to create an Agency was one of the main criteria for Ukraine to implement the EU-visa liberalization plan. It is necessary to note a number of positive effects provided by the Law «On the National Agency of Ukraine on the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes» in the field of protection of property rights of participants in criminal proceedings. The creation of Agency enabled the use of procedural mechanisms for an effective way to protect individuals’ property rights within reasonable timeframes. There was nocapacityto increase and maintain the arrested property underconditions of constant inflationbefore the creation of the institution of the Agency. And, of course, this is a new, specific and important function of our state. However, some issues in this area require clarification or a more detailed legal settlement. For example, the issue of implementing the procedural mechanism of the Agency’s activity in the criminal process arose after the adoption of the specialized law. There is also a problem of the transfer of property to the Agency management. After all, the current criminal procedural law provides for a short period of consideration of the application for transfer of property. In this case, it is necessary to optimize the process to ensure the protection of the rights of the owners of assets. It would be appropriate to require the court, before consideration of the transfer request, to send the submissions to the parties, and in the absence of parties to send the submissions repeatedly, or to receive a notification that the parties have been duly informed about the consideration of the application for transfer of property. In addition, it is necessary to consolidate the right of the person to appeal the decision to transfer property to Agency. Keywords: assets; National Agency of Ukraine on the Detection, Investigation and Management of Assets Received from Corruption and Other Crimes; ARMA; property rights; protection of property rights.