The management of ARMA of the property can be terminated only by cancellation of the arrest - A. Trigub

The only reason for the restoration of control over the property, which was transferred to the management of ARMA, is the cancellation of the arrest.

Associate partner of Skliarenko, Sydorenko and Partners, Andriy Trigub, drew attention to such a procedural nuance, during his lecture at the School of Criminal Practice of the Legal High School educational platform.

The topic of the lesson for lawyers was the issues of protecting the person during the transfer of property to the management of the National Agency of Ukraine for the identification, search and management of assets received from corruption and other crimes.

A.Trigub, in particular, noted that in practice lawyers are trying to apply different approaches to solving the issue of terminating the management of ARMA property. However, according to legislation and judicial practice, only one mechanism is correct.

As an example, the expert cited one of the criminal proceedings where a lawyer tried to regain control of the owner by filing a petition to cancel the management of the seized property. However, the investigating judge noted that the criminal procedural law does not provide for a review of the decision on the transfer of property to management, either on appeal or in any other order. Accordingly, the request was denied.

In this case, it is necessary to distinguish between the seizure of property, as a measure of ensuring criminal proceedings, and property management, which is just a form of storage of material evidence.

In this regard, one should reckon with the position of the Cassation Criminal Court of the Supreme Court, set out in the generalizations regarding the appeal of decisions, actions or omissions during the pre-trial investigation. The Criminal Court of Cassation directly noted that the decision of the investigating judge to determine the procedure for storing material evidence in criminal proceedings by transferring to the management of ARMA of the property that is material evidence in this criminal proceeding and which was seized is not subject to appeal.

Therefore, A. Trigub is convinced, it is necessary to demand the cancellation of the arrest of property by the court by appeal or under Art. 174 of the Code of Criminal Procedure and to prove that in the future the application of this measure was no longer necessary or the arrest was imposed unreasonably. This is the only reason to terminate the management of ARMA as such.

In this case, the agency returns to the owner the assets accepted for management, and in the event of their sale - returns the funds received from such sale, as well as interest accrued as a payment for the use of money by the bank.

Also during the lecture, the associate partner of Skliarenko, Sydorenko and Partners spoke about how to prevent consideration of the issue of transferring property to the management of ARMA, gave advice on preventing violations of owner's rights if the property was transferred, and also analyzed the specifics of management in terms of types of property. You can read more about this on the website of the Legal High School educational platform.