Subjects of independent professional activity as managers of seized property

The management of seized assets is a complex process that requires not only the regulation of ARMA's activities as a state regulator, but also the participation of a professional entity that must meet the criteria of professionalism and have relevant experience.

In general, the procedure for transferring a seized asset from ARMA to a property manager is carried out by entering into a property management agreement, which is regulated by Chapter 70 of the Civil Code of Ukraine.

Thus, Article 1030 of the Civil Code of Ukraine provides for the separation of the property transferred for management from other property, including the manager, its accounting on a separate balance sheet and the settlement of management-related payments on a separate bank account.

Article 1033 of the Civil Code of Ukraine stipulates that a business entity may act as a manager.
It is natural and logical that in carrying out business activities, such an entity gains experience in a particular type of economic activity that can be effectively applied to similar legal relations (for example, leasing out real estate).

However, insolvency receivers and private enforcement officers do not carry out entrepreneurial activities, but rather independent professional activities.

Analysing the provisions of Article 14.1. 226 of the Tax Code of Ukraine, it should be noted that independent professional activity is the participation of an individual in scientific, literary, artistic, artistic, educational or teaching activities, activities of doctors, private notaries, private enforcement officers, lawyers, insolvency receivers (property managers, rehabilitation managers, liquidators), auditors, accountants, appraisers, engineers or architects, persons engaged in religious (missionary) activities, other similar activities, provided that such person is not an employee or individual entrepreneur (except as provided for in clause 65. 9 of Article 65 of this Code) and employs no more than four individuals.

In addition, a special law regulating the activities of private enforcement officers currently prohibits them from carrying out other paid activities.

Thus, the legislator has previously regulated the issue of a person who can be a manager and enter into relevant agreements.