RIGHTS AND OBLIGATIONS OF ASSETS’ OWNERS MANAGED BY THE NATIONAL AGENCY OF UKRAINE FOR FINDING, TRACING AND MANAGEMENT OF ASSETS, WHICH WERE OBTAINED FROM CORRUPTION AND OTHER CRIMES

Abstract

The author of the article has studied the rights and obligations of assets’ owners managed by the National Agency of Ukraine for Finding, Tracing and Management of Assets, which were obtained from corruption and other crimes (hereinafter referred to as the National Agency).It has been proved that the owners of such assets are obliged to comply with all the requirements of the current legislation of Ukraine and fulfil the obligations, where they are one of the parties, although the assets are managed by the National Agency. The National Agency is not a successor to any rights or obligations of assets’ owner under any transactions. The transfer of assets to the management of the National Agency and the conclusion of a property trust agreement by the National Agency does not entail the automatic transfer of the right to ownership of such property to the manager. There is no succession in such a case and there is no transfer of the rights and obligations of assets’ owner managed by the National Agency to the National Agency and the manager. It has been established that the owner of assets managed by the National Agency is obliged to provide the National Agency with unhindered access to such assets under the current legislation of Ukraine. A separate basis for accepting assets for management by the National Agency is the consent of assets’ owner. The consent of assets’ owner to transfer them for management to the National Agency can be considered as unilateral transaction. It has been determined that the owner of the assets (monetary funds) placed on his / her deposit account in a bank does not have the right to demand the release of the deposit and payment of interest or income in another form in accordance with the terms of the bank deposit agreement from the moment of seizure of such funds. The owner of the assets has the right under a general rule to approve the actions of the assets’ manager in the form of a share in the authorized (compounded or share) capital or shares and stocks while exercising the powers of the owner in the higher management bodies of the relevant legal entity.