Changes to the procedure for appointing the Head of the ARMA: will they save from constant scandals

Changes to the procedure for appointing the Head of the ARMA: will they save from constant scandals

Kyiv  •  UNN

 • 161061 views

The Cabinet of Ministers proposes to tighten the requirements for the head of the ARMA and change the rules for his appointment due to systemic scandals. Experts doubt the effectiveness of the new rules and point to excessive bureaucratization of the process.

In Ukraine, the problem with the heads of the Asset Recovery and Management Agency has become a systemic one, as all ARMA heads have been involved in high-profile scandals in one way or another. This has led to a draft law that proposes to tighten the requirements for the head of the agency and change the rules of his approach. However, whether the new rules will really help to change the situation was assessed by Volodymyr Bohatyr, an attorney, Honored Lawyer of Ukraine, in an exclusive commentary for UNN.

Details

Recently, the Cabinet of Ministers of Ukraine registered in the Verkhovna Rada draft law No. 12374, which 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.

Bohatyr emphasized that Ukraine really has a problem with ARMA leaders, as they have all been at the center of high-profile scandals.

"Perhaps that is why the draft proposes to tighten the requirements for employees and the chairman. To perform their duties, they need not only to have the appropriate business and moral qualities (which is provided for today), but also to be honest and competent," he said.

However, the lawyer is skeptical about the effectiveness of such innovations.

"Integrity" and ‘competence’ are fully covered by the concepts of ‘moral qualities’ and ‘business qualities’ respectively. And the new beautiful words that have become popular in Ukraine over the past decade and have even become boring will, in practice, make it possible to bureaucratize the process as much as possible," Bogatyr emphasized.

In his opinion, involving international partners in the selection process can be a positive step, but it also adds bureaucracy. "It is clear that the procedure will become significantly more complicated. Why? Probably to shift the responsibility for selecting the head of ARMA to respected partners," he adds.

Add

Recently, the current head of the Asset Recovery and Management Agency, Olena Duma, received a "excellent" rating in her performance evaluation in 2024. This means that she will not only retain her position, but will also receive a bonus for her "outstanding achievements."

However, numerous scandals around the agency call into question the transparency and effectiveness of its leadership. For example, under Olena Duma's leadership, ARMA has repeatedly been at the center of high-profile scandals. One of the most recent was an investigation into possible fake disability certificates that  agency employees received. Experts emphasized that if the allegations are confirmed, this should not only be grounds for resignation, but also an impetus for a large-scale review of the agency's work.

In addition, anti-corruption organizations, including Transparency International Ukraine, have repeatedly criticized the agency for not meeting European standards. They emphasized populism, contradictory communication, and violation of the presumption of innocence in cases handled by the ARMA.

Another important aspect is the lack of public control over the agency's activities. The Public Council at ARMA dissolved itself three months ago due to systematic violations of the requirements for public involvement. This situation, according to former members of the public council, is beneficial to the head of the agency, Olena Duma, because the lack of control allows her to avoid public consideration of controversial issues.