Forced enforcement of resolutions, decisions and judgments of courts by enforcement officers and the National agency for the detection, search and management of assets obtained from corruption and other crimes

The authors have conducted a scientific analysis of the execution of decisions, rulings, and court sentences in criminal cases and the conduct of other types of enforcement proceedings related to the seizure of property (money) obtained from corruption crimes in the interests of the state and other persons. The need to eliminate duplication of powers to seize property (money) in the state’s income, which can be performed by both state bailiffs and the National Agency of Ukraine for the Identification, Search, and Management of Assets Obtained from Corruption and Other Crimes (hereinafter referred to as the National Agency), by coordinating and delimiting them at the legislative level, is substantiated. In order to improve the activities of the National Agency, attention should be paid to the goals it should achieve in conjunction with the activities of other bodies that should facilitate the implementation of civil and criminal justice, in particular, state bailiffs. The Law of Ukraine “On the National Agency of Ukraine for the Identification, Search and Management of Assets Obtained from Corruption and Other Crimes” does not have clearly defined goals, the achievement of which it is aimed at, and there are a large number of contradictions and shortcomings in its content that should be eliminated comprehensively and systematically. Thus, if there are problems with the sale of property from public auctions by the Agency and state executors, it is worth creating a universal and systematic platform where property will be convenient for buyers to purchase, it is advisable to recognize the need for professional asset managers. Asset management is a complex professional activity, where knowledge of law and economics must be manifested, possible liability for the negative consequences of such activity must be insured. The authors substantiate that asset management is not their alienation, as provided for in the above-mentioned Law of Ukraine. The correct and relevant guideline, which should be developed and specified in national legislation and international treaties, is the interaction of representatives of the Agency with specialists from foreign countries in terms of exchanging experience and information on issues related to the identification, search and management of assets with the aim of returning them to Ukraine.