Zelensky returned the law on the confiscation of Russian assets for revision/Office of the President
President Volodymyr Zelensky has not passed a law on the collection of Russian assets in Ukraine and abroad into state revenue. The Head of State returned it to Parliament for revision.
People's deputies on April 21 adopted the law “On Amendments to Certain Laws of Ukraine on Improving the Effectiveness of Sanctions Related to the Assets of Individuals.” The President submitted his proposals to the Parliament.
The President returned the law on the confiscation of Russian assets for revision
The law adopted by the people's deputies establishes a new type of sanction – collection of assets belonging to an individual or legal entity, as well as assets that it can directly or indirectly dispose of, to the state's income.
At the same time, the law does not establish clear criteria by which a person can be classified as one of those who are subject to such a sanction. This does not meet the requirements of the Constitution of Ukraine, – noted in the OP.
In addition, the law gives new powers to the National Agency for the Prevention of Corruption. The NACP is allegedly supposed to identify and search for:
- assets subject to blocking
- individuals and legal entities specified in the decisions of the National Security and Defense Council.
However, such powers of the NAPC are beyond its competence. The new law also proposes to supplement the law on sanctions. In particular, it should contain provisions on the implementation by the Supreme Anti-Corruption Court of administrative proceedings in cases of recovery of assets to the state revenue. At the same time, the people's deputies did not provide for the introduction of appropriate amendments to the Law “On the High Anti-Corruption Court”, which determines the basis for the activities of the High Anti-Corruption Court.
“Given the foregoing, President Volodymyr Zelensky returned this law with his proposals to parliament for re- consideration in the session hall,” the OP concluded.
Interesting! Transparency International Ukraine also believes that the law needs to be improved. Experts recommend improving certain provisions of the bill. In particular, according to the definition of special conditions, pre-trial and judicial procedures for the recovery of assets to the state. It is also important to outline a clearer circle and powers of the subjects initiating, accepting and implementing these types of sanctions.