Changes in the procedure for appointing the head of ARMA: will they save from constant scandals

In Ukraine, the problem with the heads of the Agency for Search and Asset Management has become systemic, because all the heads of ARMA one way or another got involved in high-profile scandals. This became the reason for the appearance of a draft law, which proposes to strengthen the requirements for the head of the agency and change the rules of his approach. However, whether the new rules will really help to change the situation in an exclusive comment UNN assessed by lawyer, Honored Lawyer of Ukraine Volodymyr Bogatyr.

Details

Recently, the Cabinet of Ministers of Ukraine registered draft law No. 12374 in the Verkhovna Rada, which proposes to determine the list of grounds for early termination of the powers of the head of ARMA “without the possibility of politically motivated dismissal.” According to the document, the head of ARMA can be dismissed early after the audit commission recognizes his work as ineffective or for improper performance of duties, and the authority of the head of the agency must be exercised by one of the deputies until a new head is appointed.

Bogatyr emphasized that there is a real problem with the leaders of ARMA in Ukraine, because they are everyone found themselves in the center of loud scandals.

“Maybe that’s why the project proposes to strengthen the requirements for employees and the chairman. To perform their official duties, they need not only to have appropriate business and moral qualities (which is provided for today), but also to be honest and competent,” he said.

However, the lawyer is skeptical about the effectiveness of such innovations.

“Integrity” and “competence” are fully covered by the concepts of “moral qualities” and “business qualities”, respectively. And the new beautiful words that have become popular in Ukraine in the last decade and have even gained popularity will in practice make it possible to bureaucratize the process as much as possible,” Bogatyr emphasized.

In his opinion, the involvement of international partners in the selection process can be a positive step, but it also adds bureaucracy. “It is clear that the procedure will be significantly complicated. For what? Probably to shift the responsibility for the selection of the ARMA chairman to the respected partners,” he adds.

Let’s add

Recently, the current head of the Agency for Search and Asset Management, Olena Duma, received “excellent” according to the results of the evaluation of official activities in 2024. This means that she will not only keep her position, but also receive an award for her “outstanding achievements”.

However, numerous scandals surrounding the agency call into question the transparency and effectiveness of its leadership. Thus, under the leadership of Elena Duma, ARMA repeatedly found itself at the center of loud scandals. One of the latest was an investigation into possible fake disability certificates received by agency employees. Experts emphasized that if the allegations are confirmed, it should be not only grounds for resignation, but also an impetus for a large-scale review of the agency’s work.

In addition, anti-corruption organizations, in particular Transparency International Ukraine, repeatedly criticized the agency for non-compliance with European standards. They emphasized populism, controversial communication and violation of the presumption of innocence in cases handled by ARMA.

Another important aspect is the lack of public control over the agency’s activities. The Public Council under ARMA dissolved itself three months ago due to systematic violations of the requirements for public involvement. Such a situation, according to former members of the public council, is beneficial to the head of the agency, Olena Duma, because the lack of control allows avoiding public consideration of controversial issues.