EU Delegation's assessment of the bill 4057 (on confiscation) (28/03/2016)

The improvement of asset recovery legislation (which includes the confiscation procedures) is among the commitments made by Ukrainian authorities in the context of the visa liberalisation process (VLAP).

The laws adopted recently this regard (2540a, 2541a, 3040) as a part of the VLAP package is quite progressive and in line with best EU practices and standards. They were considered by EU experts as the right move to reach a balance between new methods of dealing with the proceeds of crime and the current state of affairs of the national justice and law enforcement institutions. Contrary to the laws adopted in February, the law 4057 on confiscation does not contain strong guarantees of property right protection which would correspond to EU standards.

It can be perceived as rather a hasty step towards introducing more stringent and intrusive tool without the necessary respect for the principle that these developments should go hand in hand with the greater protection of the right to a fair trial, property rights and increased stability of property relationships.