The Carthage Case Shows the Need to Recover Illicit Assets Before a Court Verdict, ILI Head on Apostrophe TV
Ukraine should create a mechanism as soon as possible that would allow illicitly acquired assets to be recovered before a final court verdict takes legal effect. This is particularly relevant in the Carthage case, which involves significant amounts of assets, said Tetiana Khutor, Head of the Institute of Legislative Ideas, on Apostrophe TV.
“The question is now being raised: why are there still no instruments for recovering assets before a final court verdict, which, even in this case, we may have to wait a decade for? It could be five years, it could be ten, depending on how effectively the lawyers work,” the expert said.
According to her, the state’s effectiveness in recovering such assets will be one of the key indicators of how effectively the anti-corruption system is functioning.
“The question is whether we, as a state, will be able to recover all these illicitly acquired assets within the next year or two. And I think this will really demonstrate the effectiveness of the system,” Tetiana Khutor stressed.
The ILI Head believes that to achieve this, Ukraine must bring its asset confiscation legislation in line with European standards. She also proposes expanding the mechanism of civil confiscation of unjustified assets.
“Ukraine must adapt its legislation concerning asset confiscation to European standards. This would make it possible to recover assets before the final court decision takes legal effect,” Tetiana Khutor explained.
The expert noted that civil confiscation is already provided for in Ukrainian legislation, but it is subject to restrictions on the value of assets to which it can be applied. That is why, she argues, this threshold should be abolished.
“There should be no threshold. In fact, any assets should be subject to recovery, regardless of whether they are worth 10, 40 or 100 million,” the ILI Head emphasized.
She stressed that the issue is not only legal but also political. The situation surrounding the Carthage case negatively affects public trust in the authorities and demonstrates the need for systemic reforms.
“From a political perspective, this looks very bad for the current authorities. Therefore, we need personnel changes, reforms and a change in the approach to building the law enforcement system, as well as judicial reform. These are all things we need right now,” Tetiana Khutor concluded.
Watch the full broadcast here: