HACCU closes proceedings to ban sale of assets of V. Medvedchuk and O. Marchenko
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24 Jan 2025
Based on the results of the review, the panel of judges decided to close the proceedings on the appeal of the ARMA representatives against the HACC decision.
The Ministry of Justice maintains a consistent position on the assets of sanctioned persons in those cases where there are grounds and evidence to apply a recovery sanction. It is important to emphasize that the irrevocable recovery of assets is possible within the framework of the sanction procedure by the HACC decision.
Our legal position protects the state from future compensation and the risk of returning the property to the owner. After all, the sanctioned asset recovery is an irrevocable transfer of property to the state without the right to compensation to the former owner. Instead, when seized property is sold within criminal proceedings, in case the case is closed without a confiscation verdict, all proceeds from the sale must be returned to the owner after the case is closed and the seizure is lifted.
Thus, every procedural action today means saving billions of hryvnias for the state tomorrow.
As a reminder, on 25.12. 2024, the High Anti-Corruption Court, among other things, prohibited the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes (ARMA) from selling (alienating) movable and immovable property directly and indirectly owned by the defendants in case No. 991/5770/24 and in respect of which the defendants may take actions identical to the right to dispose of it, the claim for recovery of which to the state's revenue is contained in the statement of claim of the Ministry of Justice.
The prohibition on sale (alienation) applies exclusively to the assets of V. Medvedchuk and O. Marchenko located in Ukraine.
On January 08, 2025, the ARMA filed an appeal against the decision of the High Anti-Corruption Court of December 25, 2024, to cancel the interim measures in respect of the ARMA.
On January 23, 2025, the Appeals Chamber of the High Anti-Corruption Court closed the appeal proceedings based on the results of consideration of the ARMA's appeal.
The full text of the decision will be drawn up on 01/28/2025.
Source: Ministry of Justice of Ukraine