Changes to the procedure for selecting and dismissing the head of the Asset Recovery and Management Agency are long overdue and correct. Given the recent negative opinion of the Accounting Chamber, these changes may become the basis for the appointment of a new head of ARMA. This was stated in an exclusive commentary to UNN by Galyna Yanchenko, MP, chairman of the parliamentary commission on investor protection.
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Recently, the Cabinet of Ministers of Ukraine registered in the Verkhovna Rada a draft law No. 12374 that proposes to define a list of grounds for early termination of the powers of the Head of the ARMA "without the possibility of politically motivated dismissal". According to the document, the head of the ARMA will be able to be dismissed early after the audit commission recognizes his work as ineffective or for improper performance of duties, and one of the deputies will have to perform the powers of the head of the agency until a new head is appointed.
"On changing the selection system for the head of ARMA and on the possibility of dismissing the head in case of a negative audit. These rules are correct, interesting, and I fully support them," Yanchenko said.
At the same time, she pointed out that such norms are usually introduced on the eve of a new selection of a manager, which may indicate preparations for personnel changes.
"Should we expect personnel changes in ARMA? So far, the question remains unanswered, but given the many questions that exist to this body, including the negative opinion of the Accounting Chamber on the activities of this agency, it seems to me that perhaps soon there will be an answer to this question," the MP added.
Yanchenko also drew attention to controversial provisions of the draft law, in particular, granting immunity to the head of the ARMA and his deputies from criminal prosecution.
"The fact that the head of the ARMA and his deputies are actually granted immunity from criminal prosecution, which is not available to any head of any law enforcement or any other body. In addition, the ARMA is actually placed above the CMU. And the CMU is prohibited from canceling ARMA's acts. All of this makes ARMA a kind of quasi-incomprehensible structure that is not subject to the laws of Ukraine, physics, or nature. I do not support these norms," she said.
According to the MP, the introduction of a mechanism for dismissing a head for inefficiency or improper performance of duties is an important step for any government agency. This will help to increase the transparency and efficiency of the body's work.
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Recently, the Accounting Chamber conducted an audit of ARMA for 2022-2023 and the first half of 2024, which revealed significant problems in the management of seized assets.
ARMA Head Olena Duma called the audit "an unprecedented step in ensuring maximum transparency." She emphasized the record growth of the agency's revenues, the introduction of new management mechanisms, and the improvement of its performance in 2024. At the same time, the head of the agency avoided commenting on the problems identified during the audit.
Based on the results of the audit, Transparency International Ukraine pointed out the need to reform the ARMA. Anti-corruption experts pointed out that the agency's activities currently raise serious concerns, including from international partners.
Earlier, Transparency International Ukraine criticized the ARMA for not meeting European standards. Anti-corruption experts pointed out that quite often there is "contradictory communication from the agency or its officials, combined with populism, violation of the presumption of innocence and lack of understanding of the competence of state bodies.