Conclusion of the Main Research and Expert Department of the Verkhovna Rada of Ukraine on the draft law №3041

CONCLUSION

of the Main Research and Expert Department of the Verkhovna Rada of Ukraine
on the draft law “On amendments to the Budget Code of Ukraine to Implement the Recommendations Provided within the Framework of Completion of Action Plan for Visa Liberalization by the European Union for Ukraine on assuring the continuous operation of the National Agency of Ukraine for Investigation, Detection and Management of Assets Derived from Corruption and Other Crimes” (Reg. № 3041)

 

The draft law on amending the Budget Code of Ukraine to Implement the Recommendations Provided in the Framework of the Action Plan to Liberalize the EU Visa Regime for Ukraine Concerning the Functioning of the National Agency of Ukraine for Investigation, Detection and Management of Assets Derived from Corruption and Other Crimes to the key budget managing parties. It is also proposed to supplement Paragraph 3 of Article 29 of the Budget Code of Ukraine with the new paragraphs 133, 134 according to which “revenues from asset management, implemented by the National Agency of Ukraine for Investigation, Detection and Management of Assets Derived from Corruption and Other Crimes” and “funds received on the basis of international agreements on the distribution and return of assets to Ukraine” will belong to the establishment sources of the special fund of the State budget of Ukraine in terms of revenues, which are proposed to be directed to the “return to the holder in accordance with the decision of the prosecutor or court, which came into force, in the range the proceeds from the sale of the relevant assets, the reimbursement related to measures of asset management, the reimbursement of assets derived from crime to a foreign jurisdiction in accordance with the international agreements on distribution and asset recovery, in the range of the corresponding assets and in accordance with the international agreements; improving the efficiency of criminal justice, in particular the covert investigations, implementation of measures to ensure the safety of persons involved in criminal proceedings, promotion and protection of persons who report corruption offence facts” (new Paragraph 21 Part 4 of Article 30 of the Budget Code of Ukraine).

Upon review of the proposals of the draft law the Main Department believes that it is appropriate to note the following.

The memorandum to the draft law lacks justification for the need to transfer all revenues from asset management, implemented by the National Agency of Ukraine for Investigation, Detection and Management of Assets Derived from Corruption and Other Crimes, and funds obtained on the basis of international agreements on distribution and asset recovery to Ukraine, to the sources of the special fund of the State Budget of Ukraine. Please note that in accordance with Article 91 of the Regulations of the Verkhovna Rada of Ukraine and Article 27 of the Budget Code of Ukraine the draft law should provide appropriate financial and economic assessment (including the relevant calculations).

In accordance with Paragraph 2 of the draft law “this Act comes into force on the day following the day of its publication”. Therefore, in case of adoption by the Verkhovna Rada of Ukraine of the legislative proposals, it will be necessary to make appropriate adjustments to the indicators of the State Budget of Ukraine for the year 2015. However, such proposals are not included in the draft law. Also, documents supplementary to the draft do not contain information on the need to financially support the National Agency of Ukraine for Investigation, Detection and Management of Assets Derived from Corruption and Other Crimes till the end of the ongoing budget year.

Given that the submitted draft law is systemically associated with the draft Law of Ukraine “ On National Agency of Ukraine for Investigation, Detection and Management of Assets Derived from Corruption and Other Crimes” (Registry № 3040), which defines legal and organizational principles of functioning of the National Agency of Ukraine for Investigation, Detection and Management of Assets Derived from Corruption and Other Crimes, we believe that a decision on the draft law should be made after the review of the draft law № 3040.

 

 

 

Head of the Main Department                                                                  V. I. Bordeniuk

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