“Samopomich Union” official position on the law on special confiscation

“Samopomich Union” faction believes that in order to protect the rights of private property and the bona fide owners some safeguards are required when adopting the law on special confiscation:
1. A clearly defined set of persons to whom special confiscation can be applied, namely:
– persons who are suspected of committing corruption offenses or person in respect of whom the law enforcement agencies have evidence of their being mala fide owners aiming to conceal the real assets of those suspected of criminal offenses connected with corruption.
2. Limiting the set of officials who can instigate the relevant lawsuit – Prosecutor General, Deputy Prosecutor General, Chairman of the Anti-Corruption Prosecutor’s Office, Chairman of NABU – making it impossible to misuse the tool of special confiscation by ordinary prosecutors in favor of or on request of some individuals.
3. REASONABLE doubts on the part of the Prosecutor’s Office regarding the good faith of the property acquisition; that is, the appropriate evidence of bad faith must be ascertained.
4. Limiting the range of assets that can be recovered in this procedure: cash assets, securities, precious metals.
5. Availability in the legislation of a full legal process involving all the parties whose rights may be affected; warranties of the parties to prove their case in the process.
6. Possibility to appeal the court’s decision by the party whose rights that decision affects.
7. Grounds and reasons to recognize the nominal owner clearly defined in the legislation.
8. Determination of a clear list of requirements to the Prosecutor General’s as for preparation and submission of a claim for recovery of unjustified assets. Providing a legislative framework for the guarantees that the Prosecutor General’s Office will have to prove their reason to believe that assets are unjustified or the owner is nominal.
9. Guarantees that the officially declared incomes of persons and their families for a reasonable period – not just last year – will be recorded.
10. Non-inclusion of cases of failure to identify the owner of the property as the basis of recovery of unjustified assets. The Civil Code provides for a special procedure for such cases.

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