Place of the National Agency of Ukraine for detection, tracing and management of assets derived from corruption and other crimes in the system of central executive authorities

Abstract

The article examines the place of the National Agency of Ukraine for Detection, Tracing and Management of Assets Derived from Corruption and Other Crimes (hereinafter – ARMA) within the system of central executive authorities (hereinafter – CEAs). It has been established that ARMA is classified as a CEA with special status. However, due to the lack of a clear legal definition of a CEA with special status, this issue requires further elaboration and legislative regulation. The article concludes that ARMA possesses special powers and plays a unique role within the system of central executive authorities. It is highlighted that ARMA performs a wide range of functions in the field of asset management related to corruption and other crimes, and a classification of these functions within the CEA system is provided. The article analyzes the tasks performed by ARMA, which include the seizure, confiscation, or recovery of assets for the benefit of the state. These tasks are carried out in constant cooperation with pre-trial investigation bodies, the prosecution, courts, international and intergovernmental organizations, and networks engaged in asset tracing and management. It is emphasized that ARMA operates independently in exercising its powers. Particular attention is paid to ARMA’s cooperation with law enforcement bodies to ensure the country’s economic security. It is determined that ARMA belongs to the CEAs that develop and implement anti-corruption policy, and its specific role in this process is outlined. The article characterizes the features of ARMA as a CEA, including the procedure for appointing its Head, the rules of accountability and oversight, and its authority to issue normative legal acts. The study concludes that ARMA is a specialized body with anti-corruption and economic functions, which does not have the status of a law enforcement body, does not perform general public administration functions, but instead exercises narrowly defined powers.