Elena Duma of ARMA is to be transparency, effectiveness and efficiency. And not at the screen, at your own discretion, in manual mode, from the third time - or for half the price
inadequate personnel proposals for reduction and simultaneous lack of vacant positions, emission of the state budget and inefficient management, duality of positions of authorized persons for the media and in officially signed documents, slow normative legal work and availability of hundreds of lawsuits and appeals. - Olena, society has a great request for the work of ARMA, especially after your regulatory analyzes in articles. Why did such interest occur? - Ukrainians are a very smart nation.
Against the background of the war, this is especially felt. Ukraine is an exclusive. All the rollers of history went on it, all kinds of trials worked. Ukraine is hardened by the highest hardening (I agree with Lina Kostenko). In the modern world, Ukraine has no price. We were not only able to quench, defend our freedom and independence, while nurturing and teaching our children and taking care of the future. Today, we are a model for the whole world.
This is noted by parliamentarians, politicians and diplomats of all civilized countries. The willpower and spirit make it possible for ordinary people to give examples of the strong world and that is in fact value - life, freedom, justice, peace, children. We are launched rockets, and we plant potatoes, white trees and write Ukrainian poems.
This is our identification of the Ukrainian nation, we are irresistible and will definitely win in this aggressive genocide war, there will be a tribunal and there will be responsibility. There is no doubt about this. The Ukrainians have felt the dignity that they are Ukrainians that now they have to be chosen and uphold the right of fairness in economic existence. Therefore, the attention is drawn to the authorities, how they work, where budget is spent.
And if corruption violations are detected - such officials who allow abuse, especially during the war, murder, increasing unemployment and reducing income - should be held accountable immediately. This should be done quickly and demonstly. We have to show the world our response to the revealed corruption, especially with the great financial and economic support of other countries in the restoration of Ukraine. - You say everyone makes their contribution.
What kind of contribution can you say? - Can. We are here to contribute to this world. Otherwise, why are we here? I live according to this rule. Therefore, in spite of whether there is any position, I do everything I can. At the end of February 2022, my candidacy was already agreed and imposed on the government for the post of Deputy Minister, but the war began and that did not happen.
Therefore, in early March 2022, I was able to coordinate my actions against the background of trade union organizations. I am supported by thousands of people I united, protecting their interests. Many of them joined the Armed Forces of Ukraine. She was on a business trip in Poland. In two months, she had crucial meetings in the cities of Warsaw, Poznan, Gdansk.
- Who did you meet with and what is the matter for Ukrainians? - I had meetings with representatives of state and local authorities, well -known politicians, senators of the republic, Vice President of Poznan, directors of departments responsible for social issues, charitable foundations. I would not like to advertise my work, although there were many and there are results. I will say better this: I was amazed at the attitude and help of the Polish people who saw and felt our citizens.
Thanks to her knowledge and experience, she helped and advised. These issues concerned the provision of subject professional assistance regarding the needs of Ukrainian citizens who arrived in Poland, their placement; identifying legal aspects of proper social security, teaching children, learning Polish and providing them with social support.
Due to the perseverance of Poland politicians and the full support of Ukraine, our citizens actually received social status and support at the level with citizens of Poland, and the relevant law was approved. I consider it the victory of Senator Marchin Bosatsky and believe in his great bright future for Poland. Negotiations were also held on the creation of the Coordination Council of Ukraine-Polish in terms of assistance in the cities of Ukraine.
I very much cheered for Chernihiv, especially when there was a full siege, negotiated, the opportunity to take out children and to save their lives. For those who joined the Armed Forces of Ukraine and territorial defense of Ukraine, military and voluntary formation, medical institutions and mobile ambulances. There is a special thanks to the Fundacja Pomoc Z Polski Charitable Foundation here, which sent humanitarian and medical care , as well as in medical institutions.
I will add that I was even offered an official work given that I quickly studied Polish, but Ukraine is the basis and meaning of my life for me. The country of our children is created now. We will understand it later. But everyone does it in their place. Therefore, being a candidate now I not only analyze, but also plan to change. - From your articles in the media, it is clear that you have a great deal in the work of ARMA. What flaws do you see and what do you suggest to change? - So.
This is true, I understand and can confidently say that I was filled not only by the normative-legal aspect, on the basis of which the agency should operate, but also possess information from general sources and see that it is necessary to correctly correct. Here is an example. In 2022, the ARMA revealed and searched - 196 631 objects (the vast majority of which are land - 142 992 units). According to the court decision in 2022, only 14 161 objects were transferred to the ARMA.
(This is about 7% of the assets searched). I emphasize that the search for such a number of land for ARMA is a fairly easy procedure, since at the request of the State Geocadastre on information about land belonging to a certain person, ARMA receives relevant information with cadastral numbers. There is no difficulty in the State Geocadastre.
I have this issue fully because I participated in the created system, the creation of the State Register of Property Rights and the exchange of information with other agencies. These data are taken from the ARMA official report on the implementation of the budget program passport for the specified periods. This is a consequence of the fact that ARMA does not qualitatively fulfill the requirements of Article 16 of the ARMA Law.
In particular, he does not perform the functions of interaction with law enforcement agencies in order to seize the arrest on such assets and confiscate them or recover them into the state. One of the reasons I see the quality and quantitative staffing of the agency. As of December 31, 20122, 174 people in the Central ARMA actually work in the marginal number of 195 people. At the same time, the latest announcement of vacant positions (21 vacancies) was posted on the ARMA website on 15. 11. 2021.
16 people joined the Armed Forces from the central apparatus. Only the quantitative analysis of court cases, which is a party to ARMA (110-in 2022 and participation in 164 court sessions per year) indicate the overload of legal support management and employment not on improvement and efficiency of work and legal support, but availability of grounds for grounds Appeal ARMA decisions. An even more critical situation in interregional territorial departments.
As of December 31, 20122, 57 people actually work in the MTMU, and not 240 as stipulated by the Government Resolution No. 85 of 05. 04. 2014. At the same time, in his public reports, the ARMA notes the number of territorial departments of 84 persons, which is still beyond the argumentation. 3 people joined the Armed Forces. Such a staff staff policy (and most likely to increase the bonus fund) is the reason for the absence of arrests.
As it is possible to declare the feasibility of reducing territorial departments, it is not clear to me. There are 6 MTUs today, and the media has a proposal to reduce three territorial departments in order to increase the state of the central apparatus. It is even noted about the development of the appropriate Cabinet resolution. Strange proposals, given the presence of more than 20 unfilled vacancies in the central office and the presence of three MTUs.
I believe that the field work should be ensured, the specifics of each region are taken into account, the interaction with law enforcement agencies is improved, local information on the relationship between asset owners, the chains of legal documents to assets, their transition for the proper performance of the basic and control functions is maximally used. - Is this the only example you can call? - No. There are many such examples and they apply to almost every ARMA.
From the opacity of work - because there are no orders on the site - in violation of the laws of Ukraine on access to public information and central executive bodies, not the use of competitive competitive procedures of open bidding in the choice , improper regulatory work, lack of effective internal and external controls. - What are the consequences of such work in your opinion? - I objectively inform what I see. It's not in my mind. The consequences are eloquently spoken by numbers.
For 2022, the ARMA asset management received UAH 34. 8 million, with the expenditures of managers amounted to UAH 748. 6 million. From the report on the implementation of the passport budget program for 2022 the expenditures of the state budget on ARMA amounted to almost UAH 233 million, and the Law on the State Budget for 2023 is provided for the maintenance of the body almost 189 million UAH. That's all effective management.
The reason for such not enough work is ineffective, in particular the low percentage of ARMA ads to search for asset managers (<20%) of the total number of court decisions to transfer assets to the ARMA. In some of my studies, I already indicated it. Of the 338 resolutions obtained in 2022, the announcement of the search for managers, there were 93 ads, which concerned only 47 resolutions. For the period from 04. 08. 2021 to 04. 11.
2021 out of 14 decisions - no search of the manager was announced by any decision. Particularly noteworthy is the question of estimating arrested assets. In addition to the existing conflict in the legislation, which ARMA does not consciously regulate, we have in figures for 2022 - a total of 12 concluded assets valuation agreements. - Can you specify? So that the reader is clear. -Yes, in the simplest example, I propose to look at the ARMA website dated 21. 04.
2023 on the search of the manager for 434 railway wagons at: https://arma. gov. ua/asset_manivement/view/poshuk-Pravitelya-434343 Vagoni-755 note that the basis of transferring the asset to the ARMA was the decision of the investigating judge of the Pechersk District Court of Kyiv of May 11, 20122 Case No. 757/10857/22-k. That is, for a year - the wagons stood and there was no ad.
And there are many questions about the ARMA, especially regarding the maintenance of this property, who and at whose expense it should be done. But why were they not used during the war? According to the law of storage of property, ARMA should be carried out. That is, there is some cost of storage of assets and direct losses - the profit of the budget.
At the same time, it should be noted that the legislation has a gap, which ARMA uses and does not try to correct, at least the proper fulfillment of its tasks. The legislation does not clearly specify the term of the ARMA is obliged to give the appropriate announcement. The analysis of such ads shows that in addition to the low percentage of advertising, they were provided with an average delay of 86 days (as of 09. 02. 2023).
- When we listen to you, it seems that ARMA does everything slowly, contrary to the law or using gaps. Is there no positive examples? - There is a positive. According to the public report for the entire 2022, 156 competitive selections of managers were announced and only 19 winners were selected. In four months of 2023 - 158 competitions have already been announced. So, there is a positive - with the competition for the post of chairman - the ARMA was very intensified.
And in general, slowly and using for the sake of preserving your own status of officials and "demonstration" activity. Again, an example: since the creation of ARMA - contrary to the law, has never been independent external evaluation of the National Agency's activities. ARMA is accountable to Parliament, never sent a report on its work. ARMA authorized persons are inactive in this matter from the moment of its creation.
This situation suits the authorized representatives - that there is no external assessment. As a result of the non -creation of the commission on an independent external assessment of three persons (one representative from the President, Parliament and the Government), it has not been carried out since the functioning. Moreover, from December 27, 20122, the VRU apparatus is the Bill No.
8311, submitted by People's Deputies, which proposes to exclude norms for independent external evaluation in this form, instead it is proposed to establish parliamentary control over the efficiency of management of the Verkhovna Rada of Ukraine responsible for state economic policy. I am convinced that such proposals have nothing to do with the transparency and independence of external control and will go to the agency or Ukraine in favor.
- And what is the position of ARMA regarding such changes to the legislation that regulates its activity? - I believe that the position of ARMA is irresponsible, and these are not isolated situations. With regard to the external assessment, I saw in the general access of the answer that the ARMA has no right to influence the authorities and does not explain why there were no measures for so many years and did not send corresponding letters with proposals for the creation of the commission.
There is also a duality of the positions of ARMA authorized representatives. In particular, the difference in the messages for the media and outlined in official documents. It is a question of acts that require urgent adoption of public access to the registry. Quote T. V. O. Heads: "The issue of public access to the Register is on the agenda not only in the Public Discourse, but also in Parliament.
We have addressed the Cabinet of Ministers of Ukraine with an official letter of consideration of the possibility of opening a register in martial law. Our position is clear - ARMA is not mind Renewal of public access… "Analysis of ARMA letter - proposal to the project of Law No. 8311 of 27. 12. 2022 of January 5, 2023, signed by the so -called.
ARMA chairman indicates another, in particular, it is noted that the agency is already informing the government about the list of assets once every two weeks and for reasons of legal uncertainty: it is proposed to thoroughly refine the project before the first reading. - Can this be due to the fact that ARMA has too high load in regulatory activity? - I already noted that ARMA has a load in court cases, as a result of inefficient activity.
In general, according to the report on the implementation of the passport of the budget program for 2022-developed 3 regulatory acts for the entire 2022 years! This is: participation in amendments to the "Final Provisions" of the ARMA Law on the ability to purchase "military bonds" on improving the efficiency of sanctions related to the assets of individual Political Party.
In terms of military bonds and your question whether there is a positive: yes, ARMA has become the only central executive body that buys these securities and in fact the only state body that enhances the country's defense capability at the expense of arrested assets (funds) of Russian origin. At the same time, the acquisition of military bonds of the ARMA has the right to spend no more than 80% of arrested funds in national currency.
, UAH 82 million and UAH 20 million were charged and military bonds were purchased. To date, ARMA in the public space states that it is funds (as of May - almost UAH 1. 5 billion), which have been received from the state budget from the ARMA. I can not agree with this statement, it is a common PR, since at any time-arrest can be withdrawn, then these funds (or military bonds, in agreement with the owner) must be returned together with accrued interest.
As an example, during 2022, the ARMA has transferred (returned) to legal owners in the total amount of almost 330 million hryvnias, $ 3 million and 42 thousand euros. - Why don't you talk about the effectiveness of ARMA in finding foreign assets? After all, everyone knows that it was ARMA who searched for the expensive yacht of Medvedchuk. - I will give clarification briefly.
Вбачаю в діях АРМА або бездіяльність, або не розуміння обраного шляху вирішення цього питання та повернення арештованого майна чи його реалізації. Насамперед зазначу, що з моменту рішення українського суду щодо передавання яхти АРМА — минув майже рік.
Збереження такої яхти закордоном коштуватиме Україні майже 15 млн дол. USA. При цьому, АРМА декілька разів давала різні новини що саме робить в цьому напрямку.
Ми читали про внесення змін до нормативних актів із Міністерством юстиції, а нещодавно було зазначено про розробку змін до низки нормативно-правових актів, що дозволять реалізувати арештовані активи, продаж яких є ускладненим (закордоном).
Отже, протягом року нормативні акти так і не розроблено, а вартість простою яхти Україні доведеться заплатити.
В своїй статті про проблематику вирішення міжнародно-правових проблемних питань, я вже зазначала, що АРМА не є учасником кримінального процесу і наводила приклад, що доцільно застосовувати норми інших конвенцій, зокрема про виконання рішень цивільних і господарських судів, які є обов’язковими для Запитуваної сторони (Хорватії).
Але ще більшої уваги потребують інші питання, не менш важливі. Необхідно розпочинати з Договору про дружбу і співробітництво між Україною і Республікою Хорватія, ратифікований Україною 19. 06. 2003 року.
Згідно зі статтею 13 — "Хорватія забезпечує виконання клопотання про конфіскацію майна розташованого на її території або передає клопотання України своїм компетентним властям з метою отримання постанови про конфіскацію". Норма про компетентні органи — ключова.
І хоч я прибічник повної аполітичності в організації та діяльності в роботі АРМА, вважаю в питаннях, пов’язаних із міжнародною діяльністю — доцільно бути не лише проінформованою, але й обов’язково враховувати в роботі усі політичні та глобальні процеси — задля ефективного результату для України.
Так, важливими є такі позиції: Президент Хорватії Зоран Миланович 25. 01.
2022 року скептично висловився щодо інтеграції України до ЄС та НАТО, назвавши Україну найкорумпованішою державою, крім того прокритикував прем’єр-міністра Андрея Плешковича — за візит до України, сказав що Україні — не місце в НАТО.
З огляду на таку внутрішню політику в Хорватії — стає зрозумілим, що на принципах взаємодомовленості та листами-зверненнями про передавання дорогоцінного майна — питання не вирішиться, а Хорватія, зі свого боку, може затягувати процес — з метою відшкодування ціни простою яхти в порту.
Отже, кращого варіанту, аніж прискорення конфіскації арештованого майна — бути не може.
Причому, Україна має надати правильно оформлені юридичні документи, клопотання, з підтвердженням власної чіткої законної позиції відповідно до норм міжнародного права як приклад країни на входження до ЄС і НАТО.
З огляду на це, можу лише доповнити, що Україна має достатньо професіональних і досвідчених працівників у різних сферах, і у нас є шанс виправити ситуацію, подолати корупцію, відновити державу та зайняти ключову — рушійну роль в глобальних процесах. Світ змінюється.