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Ministry of Justice of Ukraine

October 20, 2021

No. 1363/36985

THE ORDER OF THE NATIONAL AGENCY OF UKRAINE CONCERNING IDENTIFICATION, SEARCH AND ASSET MANAGEMENT, RECEIVED FROM CORRUPTION AND OTHER CRIMES, OFFICE OF THE ATTORNEY-GENERAL

of September 30, 2021 No. 383/308

About approval of the Procedure for consideration of ARMAGH of appeals of bodies of prosecutor's office concerning identification and search of assets which it can be seized in the case of recognition unreasonable assets and their collection in the income of the state

According to part five of Article 290 of the Code of civil procedure of Ukraine, to article 9 of the Law of Ukraine "About prosecutor's office", to Item 6 parts one of Article 10, to Articles 15 - 17 Laws of Ukraine "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes", for the purpose of ensuring proper interaction by consideration of ARMAGH of the address concerning identification and search of assets which it can be seized in the case of recognition unreasonable assets and their collection in the income of the state we ORDER:

1. Approve the Procedure for consideration of ARMAGH for appeals of bodies of prosecutor's office concerning identification and search of assets which it can be seized in the case of recognition unreasonable assets and their collection in the income of the state which is attached.

2. To provide to management of identification and search of assets of central office of ARMAGH submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

3. We reserve control of execution of this order.

4. This order becomes effective from the date of its official publication.

The acting as the Chairman of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes

D. Zhoravovich

Attorney-General

I. Venediktova

 

It is approved:

Representative of the Verkhovna Rada of Ukraine for human rights

 

L. Denisova

Approved by the Order of the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes of Ukraine, Office of the Attorney-General of Ukraine of September 30, 2021 No. 383/308

Procedure for consideration of ARMAGH for appeals of bodies of prosecutor's office concerning identification and search of assets which it can be seized in the case of recognition unreasonable assets and their collection in the income of the state

I. General provisions

1. This Procedure determines bases of interaction between ARMAGH and Office of the Attorney-General, including with Specialized anti-corruption prosecutor's office which take measures for identification of unreasonable assets and collection of proofs of their groundlessness and their addresses concerning identification and search of assets which it can be seized in the case of recognition unreasonable assets and their collection in the income of the state (further - Case) are effective within the powers, concerning accomplishment of ARMAGH.

2. This Procedure is developed taking into account provisions of the Code of civil procedure of Ukraine, the laws of Ukraine "About prosecutor's office", "About the National agency of Ukraine concerning identification, search and asset management, received from corruption and other crimes" (further - the Law) and other regulatory legal acts.

3. In this Procedure terms are used in such values:

conclusion - information of ARMAGH on signs of offenses and/or signs of groundlessness of the assets revealed during execution of the functions determined by the law and powers of ARMAGH;

the answer - the document ARMA constituted by results of processing of the address;

the address - the request of the subject of the address addressed to ARMAGH concerning identification and/or search of assets which it can be seized in Case;

body of prosecutor's office - Office of the Attorney-General, Specialized anti-corruption prosecutor's office;

the subject of the address - the prosecutor of Office of the Attorney-General, the prosecutor of Specialized anti-corruption prosecutor's office, body of prosecutor's office.

Other terms used in this Procedure are used in the values determined by the Code of civil procedure of Ukraine, the Law of Ukraine "About prevention of corruption", the Law.

II. Subjects of the address

1. On accomplishment of ARMAGH the addresses prepared by the prosecutor who acts within the powers are accepted.

Powers of the prosecutor on the address are confirmed by the relevant document.

In ARMAGH with the address bodies of prosecutor's office on behalf of their heads can also address.

2. Subjects of the address are independent in creation and the direction of addresses to ARMAGH.

III. Requirements to the address

1. The address is constituted in writing and stated on the form of body of prosecutor's office with indication of registration number and registration date of outgoing correspondence, and also signed personally:

the prosecutor - if the subject of the address is the prosecutor of Office of the Attorney-General or Specialized anti-corruption prosecutor's office;

the head of body of prosecutor's office - if the subject of the address is the body of prosecutor's office.

2. In the address the following data are specified:

1) the name or surname, name and middle name of the subject of the address with indication of its up-to-date contact information (phone number, the e-mail address, addresses for correspondence;

2) the name of body of prosecutor's office in which the subject of the address works (for subjects of the address of prosecutors);

3) surname, name and middle name of the prosecutor (prosecutors) taking adequate measures with indication of its up-to-date contact information (phone number, the e-mail address) (for subjects of the address - bodies of prosecutor's office);

4) information on the bases for adoption of the address of adequate measures by the subject by the address to ARMAGH;

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