Research publications
Our research
Trending
Civil confiscation and asset forfeiture for violation of sanctions. Steps to be taken by Ukraine
The research analyzes the best practices of civil asset forfeiture and confiscation in criminal proceedings, as well as ways to improve Ukrainian legislation, in particular in the context of asset recovery for violation of sanctions imposed on Russia.
27 Nov. 2024
Read more
Continued Operations Sanction Toll
Rebalancing the Burden: Strategies for Funding Ukraine's Defense and Reconstruction While Holding Russian Enablers Accountable
22 Nov. 2024
Read more
Windfall of war: what does distributive justice require?
The material was prepared with the support of the International Renaissance Foundation within the framework of the project “Creating a proper financial basis for economic stability and reconstruction of Ukraine at the expense ofRussian assets and excess profits obtained through the war”
24 Oct. 2024
Read more
Research publications
Filter by:
Project
-
Efficient reparations now
-
Антикорупційна експертиза чин…
-
Development, improvement and …
-
Improving sanctions policy
-
Monitoring the implementation…
-
Assessment of corruption risk…
-
Effective and transparent pro…
-
Minimizing corruption risks i…
Year
-
2020
-
2021
-
2022
-
2023
-
2024
-
2025
Author
-
Taras Riabchenko
-
Andriy Klymosyuk
-
Anastasiia Petsenchuk
-
Tetiana Khutor
-
Bohdan Karnaukh
-
Rubashchenko Mykola
-
Svitlana Hordiienko
-
Artem Panchenko
Clear filters
The concept of a seized assets management model, taking into account Draft Law № 12374-d
The current model of managing seized assets through ARMA does not ensure the effective receipt, transfer and management of thousands of assets.
Foreign experience in managing seized assets: recommendations for Ukraine
This analytical research analyzes the experience of managing seized assets in the United States of America, the United Kingdom, and the European Union (Italy, France, and the Netherlands).
13 Jan. 2025
Report on the alternative draft law №12374-1 on the activities of the ARMA
The alternative draft law №12374-1 aims to improve the legal regulation of the National Agency for Finding, Tracing and Management of Assets (ARMA). The main provisions concern guarantees of the agency's independence, the procedure for selecting its head
Best approaches to criminal prosecution of sanctions violations: Ukrainian and international context
The need to criminalise the violation and circumvention of sanctions in Ukraine is a long-standing issue. At the same time, our foreign partners are already effectively prosecuting sanctions violators and those who facilitate sanctions evasion through criminal law.
9 Jan. 2025
Report on the draft law №12374 on the activities of the ARMA
The draft law proposes to strengthen independence by defining the procedure for selecting the Head of the National Agency for Asset Recovery and Management (ARMA), the procedure for selecting ARMA employees, as well as by establishing the mandatory independent external evaluation of ARMA's activities and the annual external audit of ARMA's activities.
Amicus Curiae opinion
By the Think Tank «Institute of Legislative Ideas» on the constitutional complaint by AEROC Investment Deutschland GmbH
30 Dec. 2024
Moratorium on the fulfillment of obligations to Russia and persons associated with the aggressor state: analysis of court practice
Russia has committed an act of armed aggression against Ukraine. However, Russia's influence on our country has deep roots. In the economic sphere, it stems from the legacy of the shared economic past of the Soviet Union and Ukraine's ambiguous multi-vector policy in the early years after regaining independence in 1991
26 Dec. 2024
TOP-10 corruption risks of medical and social examination for disability determination
The document offers updated recommendations for minimizing corruption risks, taking into account the legal regime of martial law.
What should the International Register of Damage take into account when designing procedures for submitting and reviewing applications concerning destroyed or damaged housing?
This document outlines the major challenges faced by owners of damaged or destroyed real estate when documenting losses with a view to obtaining compensation.
14 Sept. 2024
Assessment, management and implementation of assets in ARMA. How to improve the efficiency and functionality of the agency
The publication was published by the Institute of Legislative Ideas with the support of ICAP Ednannia within the framework of the Sectoral Support Initiative for Ukrainian Civil Society, implemented by ICAR Ednannia in consortium with the Ukrainian Center for Independent Political Research (UCIPR) and the Center for Democracy and Rule of Law (CEDEM).
13 Sept. 2024
Submitting a claim for damages to the Register of Damages for Ukraine: practical advice to victims
The Manual, developed on the basis of official documents of the Registry, is intended to help victims receive clear and concise information on the possibility of filing a relevant application and the steps to be taken.
12 Sept. 2024
CIVIL SOCIETY REPORT on the implementation of Chapter II (Prevention) & Chapter V (Asset Recovery) of the UNCAC
With the aim of contributing to the national UNCAC review in Ukraine in its second cycle, this parallel report was written by Institute of Legislative Ideas, using the guidance materials and report template designed by the UNCAC Coalition and Transparency International.
12 June 2024
Policy Brief: Effective and Transparent Accreditation Procedure for Law Degree Programmes as a Prerequisite for the Quality of Legal Education
This policy brief presents the results of an independent study of accreditation by the National Agency for Higher Education Quality Assurance of study programmes in the specialities 081 ‘Law’, 293 ‘International Law’ and 262 ‘Law Enforcement’ for 2020-2022.
10 June 2024
An effective and transparent procedure for accreditation of legal education programs as a prerequisite for the quality of legal education
Report on the results of the analysis of the practice of accreditation of educational programs
10 June 2024
Establishment of actual control over the asset and protection of the rights of third parties in the practice of applying the sanction of asset recovery to the state revenue.
The study focuses on the sanction provided for in paragraph 1-1 of Part 1 of Article 4 of the Law of Ukraine “On Sanctions”, namely, the recovery of assets belonging to an individual or legal entity for the benefit of the state.
29 May 2024
How sanctions are enforced in the United States: a multi-level mechanism of responsibility
The research focuses on the mechanism of enforcement of sanctions restrictions in the United States and the two levels of liability for circumventing sanctions - civil and criminal. This mechanism has demonstrated its effectiveness and can serve as an example for both Ukraine and other Western democracies interested in the strength of sanctions policy.
30 April 2024
EU Directive 2024/1226 on the criminalization of sanctions violations: Overview and recommendations for Ukraine
The study analyzes the European Union Directive 2024/1226 on the definition of criminal offenses and penalties for circumvention of sanctions and the main principles of criminalization of non-compliance with restrictive measures in Ukraine.
30 April 2024
Analysis of the impact of sanctions on the operations of extractive companies
A study on blocked subsoil enterprises with detailed performance indicators
15 April 2024
Raid inspections of passenger road transport: a tool for identifying violators or an opportunity for abuse?
The study uses a unique COI methodology based on a combination of regulatory expertise and analysis of the implementation of identified shortcomings and corruption risks in practice.
26 March 2024
Policy Brief: Raid inspections of passenger road transport: a tool for detecting violators or an opportunity for abuse?
This policy brief presents the results of an independent study of the mechanism of conducting roadside inspections of passenger road transport as a form of state supervision carried out by the State Service of Ukraine for Transport Safety.
26 March 2024
Compensation for war-related moral damage: Ukrainian and international practice
This paper presents our analysis of the practice of compensation for non-pecuniary damage in Ukrainian law, as well as the UN Compensation Commission and the European Court of Human Rights
11 March 2024
Evidentiary standards in the practice of the UN Compensation Commission: Lessons for Ukraine
This document contains our analysis of the practice of the UN Compensation Commission, which was established in 1991. by the UN Security Council to consider claims and pay compensation for damage and losses caused by Iraq's illegal invasion of Kuwait and subsequent occupation of Kuwait in 1990-1991.
23 Feb. 2024
Analysis of the practice of the High Anti-Corruption Court on the application of sanctions in the form of asset forfeiture to the state for 2022-2023
This study presents an analysis of 32 cases of the High Anti-Corruption Court in which the sanction of asset forfeiture was applied
5 Jan. 2024
Civil society report on Ukraine’s implementation and enforcement of the UN Convention against Corruption
This executive summary of the Institute of Legislative Ideas’ report reviews Ukraine’s implementation and enforcement of Chapters II (Preventive measures) and Chapter V (Asset recovery) of the UN Convention against Corruption (UNCAC). The report is intended as a contribution to the UNCAC peer review process of Ukraine covering Chapter II and Chapter V (Asset Recovery).
15 Dec. 2023
Best practice of asset recovery: US case of imposing liability for sanctions evasion in response to Russia’s aggression against Ukraine
An integral principle of both anti-corruption and sanctions policy should be the practical implementation of the principle "crime does not pay" and ensuring compensation for those directly or indirectly suffered from such actions.
11 Dec. 2023
Using frozen russian assets as a means of compulsory reparations to compensate for the damage caused by russia’s aggression
The study substantiates the need to apply ‘interim’ measures aimed at collecting compulsory reparations to compensate for the damage caused by Russia's aggression against Ukraine at the expense of its frozen assets
15 Oct. 2023
Overview of the current regulation of liability for sanctions evasion: state of play and prospects
The research paper describes the state of play and main trends in Europe and the United States with regard to evasion of sanctions imposed as a result of Russian aggression and criminalisation of such activities.
7 Sept. 2023
Standards of trial in absentia and the case law of the HACC concerning collection of sanctioned persons assets into state income (summary)
The study addresses the applicability of the standards of trial in absentia (in the absence of the accused) to cases concerning the application of a sanction in the form of asset forfeiture under Article 5-1 of the Law of Ukraine ‘On Sanctions’
7 July 2023
4 ways russian money can serve to compensate for the damage caused by the war
The study examines four ways in which sovereign Russian assets frozen in foreign financial institutions can be used to compensate for the damage caused by Russia's aggressive war against Ukraine
1 July 2023
Analysis of the High Anti-Corruption Court’s case law concerning the application of sanction in the form of asset forfeiture
This study presents an analysis of 15 decisions of the High Anti-Corruption Court (HACC) and 2 decisions of the HACC Appeals Chamber imposing a sanction in the form of asset forfeiture
24 March 2023