History of the establishment of the National Agency of Ukraine for the detection, search, and management of assets obtained from corruption and other crimes: external and internal preconditions

• Published in: Науковий вісник Ужгородського національного університету. Серія Право Vol. 2; no. 88; pp. 440 - 445
• Main Author: Melnyk, L. V.
• Format: Journal Article
• Language: English
• Published: 20.05.2025
• ISSN: 2307-3322; 2664-6153
• DOI: 10.24144/2307-3322.2025.88.2.61

The article examines the preconditions for the creation of the National Agency of Ukraine for the detection, search, and management of assets obtained from corruption and other crimes (hereinafter – ARMA) and its history of development. It is established that the development of the institution for the search and management of seized assets is directly related to the transnational spread of crime in the world. The article reveals the concept of transnational crime and outlines the reasons for its emergence as one of the main preconditions for the creation of ARMA. It is emphasized that, in addition to transnational crime, the external preconditions for the creation of ARMA include the need to implement effective mechanisms for international cooperation in combating crime, the exchange of information, the need to fulfill Ukraine’s obligations under ratified international treaties, and bringing national legislation in line with EU requirements in the context of European integration. The article highlights the main international acts whose adoption contributed to the creation of ARMA in Ukraine, including the Convention on money laundering, search, seizure, and confiscation of the proceeds of crime, the UN Convention against transnational organized crime, the UN Convention against corruption, as well as EU directives and framework decisions of the Council of Europe. It is noted that, simultaneously with the emergence of Ukraine’s external obligations under international acts, the internal situation in the country in 2013 required improvements in approaches to anti-corruption activities and the establishment of a state body with the functions of searching and managing corruption-related assets. The adoption of the Law of Ukraine «On the National Agency of Ukraine for the detection, search, and management of assets obtained from corruption and other crimes» is highlighted as a significant step in addressing internal problems related to corruption and organized crime. The conclusion is made that the internal preconditions for the creation of ARMA include the need for cooperation with international organizations in the search and management of assets, the imperfection of national legislation, and the need to manage and preserve a large number of seized and confiscated assets.