International Anti-Corruption Assembly

IACA подала заявку на отримання спеціального консультативного статусу при ECOSOC ООН (травень 2026 р.) — наразі вона перебуває на розгляді || IACA has submitted an application for UN ECOSOC Special Consultative Status (May 2026) — currently under review ||
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HANDBOOK of International Anti-Corruption Standards

The handbook includes 11 main areas of international anti-corruption standards:

  1. Prevention of corruption and anti-corruption policy.
  2. Criminalization of corruption offenses.
  3. Public service integrity and conflict of interest.
  4. Whistleblower protection.
  5. Political finance and election integrity.
  6. Corporate anti-corruption compliance.
  7. Anti-money laundering and financial monitoring.
  8. Beneficial ownership transparency.
  9. International cooperation and mutual legal assistance.
  10. Asset recovery and compensation.
  11. Anti-corruption sanctions mechanisms.

Article / Summary (Amendments and additions)
Art. 5. Preventive anti-corruption policies and practices. Development and implementation of an effective and coordinated state anti-corruption policy.
Art. 6. Preventive anti-corruption body or bodies. Establishment and ensuring the functioning of independent anti-corruption bodies.
Art. 7. Public sector. Prevention of corruption and ensuring integrity in the public sector.
Art. 8. Codes of conduct for public officials. Codes of conduct for public officials and requirements for public reporting.
Art. 9. Public procurement and management of public finances. Transparency and objectivity in the public procurement system and management of public finances.
Art. 10. Public reporting. Public access to information and organization of public administration.
Art. 11. Measures relating to the judiciary and prosecution services. Measures regarding the judiciary and prosecution bodies (Integrity of the judicial system).
Art. 12. Private sector. Prevention of corruption in the private sector, strengthening accounting and auditing standards.
Art. 13. Participation of society. Promoting active participation of the public and civil society in combating corruption.
Art. 14. Measures to prevent money laundering. Measures to prevent money laundering (including the regulatory regime for banks).

Principle / Summary
No. 1. Effective prevention of corruption in all spheres of public life.
No. 2. Ensuring independence and appropriate status of investigation and prosecution bodies.
No. 4. Ensuring appropriate measures for confiscation and deprivation of proceeds from corruption.
No. 9. Protection of whistleblowers and persons who cooperate with justice (clarification of the principle).
No. 15. Ensuring transparency and accountability of public administration.
No. 19. Timely introduction of deterrent and proportionate criminal sanctions.
No. 20. Involvement of civil society and consideration of research in the field of combating corruption.

Article / Summary (Legal correction)
Art. 1. Definition of terms: corruption, corruption offense, improper benefit, conflict of interest, etc.
Art. 3. Subjects to whom this Law applies (subjects of liability).
Art. 22. Restrictions on the use of official position and powers.
Chapter VII (Art. 45). Financial control. Submission of declarations by persons authorized to perform the functions of the state or local self-government.
Chapter X (Art. 61). General principles of corruption prevention in the activities of a legal entity.

Article / Summary (Structural correction)
Art. 1. Status of the National Anti-Corruption Bureau of Ukraine (NABU).
Art. 5. General structure and staffing numbers of the National Bureau.
Art. 17. Rights of the National Bureau.
Art. 26. Control over the activities of the National Bureau and its accountability.

Article / Summary (Structural correction)
Art. 18. Anti-corruption strategy as the basis of state policy.
Art. 18-3. Monitoring and evaluation of the effectiveness of the state anti-corruption policy implementation. Powers of the NACP regarding the formation and implementation of the strategy.
Art. 20. National report on the effectiveness of the state anti-corruption policy implementation. Annual report of the NACP on the status of corruption.

Article / Summary
Art. 2. Active bribery of domestic public officials.
Art. 3. Passive bribery of domestic public officials.
Art. 4. Bribery of members of domestic public assemblies (parliaments).
Art. 5. Bribery of foreign public officials.
Art. 7. Active bribery in the private sector.
Art. 8. Passive bribery in the private sector.
Art. 13. Money laundering of proceeds from corruption offences.
Art. 18. Corporate liability (grounds for corporate liability).

Article / Summary
Art. 2. Active bribery of domestic arbitrators.
Art. 3. Passive bribery of domestic arbitrators.
Art. 4. Bribery of foreign arbitrators.
Art. 5. Bribery of domestic jurors.
Art. 6. Bribery of foreign jurors.

  • Document 3. Convention on Combating Bribery of Foreign Public Officials in International Business Transactions
    Official text: OECD Anti-Bribery Convention

Article / Summary
Art. 1. The Offence of Bribery of Foreign Public Officials
Art. 2. Responsibility of Legal Persons
Art. 3. Sanctions (criminal sanctions, proportionate and dissuasive measures)
Art. 7. Money Laundering (application of anti-money laundering legislation in the context of bribery)
Art. 9. Mutual Legal Assistance (provision of mutual legal assistance in investigations and legal proceedings)

  • Document 4. Directive (EU) 2026/1021 on Combating Corruption
    NEW: entered into force on June 1, 2026. The most significant update to EU anti-corruption legislation in the last 25 years. Replaces Framework Decision 2003/568/JHA and the 1997 Convention. Member states are required to implement it by June 1, 2028.
    Official text: Directive (EU) 2026/1021 – EUR-Lex

Article / Summary
Art. 3. Bribery in the public sector: active and passive; broad definition of “public official”.
Art. 4. Bribery in the private sector: criminalization at the EU level.
Art. 5. Misappropriation: a separate offense structure.
Art. 6. Trading in influence: active and passive forms.
Art. 7. Unlawful exercise of public functions: serious unlawful execution of public powers.
Art. 8. Obstruction of justice.
Art. 9. Enrichment from corruption offenses: a new unified offense structure.
Art. 14. Penalties and measures for legal persons.
Art. 17. Privileges with regard to and immunity from investigation and prosecution of corruption offences: mandatory risk assessments and strategies for member states.
Art. 18. Jurisdiction: extraterritorial jurisdiction applies to offenses committed outside the EU.

  • Document 5. UKRAINIAN LEGISLATION Criminal Code of Ukraine – Chapter XVII “Offenses in the Sphere of Official and Professional Activity Related to the Provision of Public Services”
    Official text: CC of Ukraine (Articles 364-370)

Article / Summary (Synchronization with the current edition of the CC)
Art. 364. Abuse of power or official position.
Art. 364-1. Abuse of powers by an official of a private law legal entity, regardless of its organizational and legal form.
Art. 365. Excess of power or official authority by a law enforcement officer.
Art. 366. Forgery in office.
Art. 366-2/366-3. Declaration of inaccurate information and non-submission of a declaration.
Art. 368. Acceptance of an offer, promise, or receipt of an improper benefit by an official.
Art. 368-3. Bribery of an official of a private law legal entity, regardless of its organizational and legal form.
Art. 368-5. Illicit enrichment.
Art. 369. Offer, promise, or provision of an improper benefit to an official.
Art. 369-2. Trading in influence (including the offer and acceptance of an improper benefit).
Art. 370. Provocation of bribery.

Article / Summary
Art. 4. Core principles of conduct: legality, loyalty, and integrity.
Art. 8. Definition and avoidance of conflicts of interest.
Art. 12. Reporting: Duty to report detected facts of corrupt or illegal actions.
Art. 13. Conflict of interest: arises in a situation where a public official has a personal interest.
Art. 14. Declaration of interests. Rules regarding the offer, acceptance, or refusal of gifts and other benefits.
Art. 16. Political and public activity. Legal algorithm of response in case of receiving illegal orders.

Article / Summary (Synchronized with Section I of the Handbook)
Art. 7. Public sector. Human resources policy of the public service (recruitment, promotion based on merit).
Art. 8. Codes of conduct for public officials.
Art. 11. Measures relating to the judiciary and prosecution services.

Focus (Group) / Summary of the Standard
MPs. Ensuring integrity, transparency of lobbying, and asset disclosure of members of parliament.
Judges. Integrity, transparency of appointment, and ethical rules for judges.
Prosecutors. Autonomy, ethical standards, and integrity of prosecutors.
Conflicts of Interest. Implementation of institutional mechanisms for detecting and resolving conflicts of interest.
Asset Declarations. Creation of effective, independent systems for monitoring and verification of asset declarations.

Article / Summary (Corrected according to the official text)
Art. 28. Prevention and settlement of conflicts of interest (duties of subjects).
Art. 29. Measures of external and independent settlement of conflicts of interest.
Art. 30-35. Specific procedures: removal from tasks, restriction of access to information, transfer, dismissal.
Art. 36. Prevention of conflicts of interest in connection with a person owning enterprises or corporate rights.
Chapter VII (Art. 45-52-1). Financial control, types of declarations, verification of declarations by the NACP.

Article / Summary
Art. 4. Principles of public service, including the principle of integrity.
Art. 62. (Corrected from Art. 11) Duties of a public servant regarding compliance with official discipline, rules of ethics, and integrity.
Art. 65. Grounds for bringing a public servant to disciplinary liability (including for corruption offenses).

  • Document 1. Directive (EU) 2019/1937 on the Protection of Persons Who Report Breaches of Union Law
    Official text: Directive (EU) 2019/1937 – Key Articles

Article / Summary
Art. 4МPersonal scope. Material scope and the range of persons subject to legal protection.
Art. 6. Conditions for protection of reporting persons.
Art. 8. Obligation to establish internal reporting channels.
Art. 10. Reporting through external reporting channels.
Art. 15. Public disclosures. Conditions and legal consequences of public disclosure of information about violations.
Art. 19. Prohibition of retaliation. Absolute prohibition of any forms of retaliation and repressive measures (retaliation, dismissal).
Art. 20. Measures of support (measures of comprehensive support for whistleblowers)
Art. 21. Measures for protection against retaliation (measures to exempt a whistleblower from liability for disclosing confidential information)
Art. 23. Penalties. Introduction of sanctions for obstructing reports and disclosing anonymity.

Article / Summary (Synchronized with the official text of the Convention)
Art. 8. Codes of conduct for public officials.
Art. 8 (para. 4) . Encouraging public officials to report acts of corruption.
Art. 13. Participation of society. Promoting transparency and access of civil society institutions to information channels.
Art. 32. Protection of witnesses, experts, and victims: ensuring physical and legal protection of witnesses, experts, victims, and their relatives.
Art. 33. Protection of reporting persons (whistleblowers).
Art. 37. Cooperation with law enforcement authorities. Measures to encourage cooperation with law enforcement bodies (persons mitigating liability).

Section / Summary
Sec. 301-4. Procedures for reporting violations.
Sec. 806. Protection for employees of publicly traded companies who provide evidence of fraud.
Sec. 1107. Retaliation against informants. Criminal liability (fines/imprisonment) for intentional retaliation or harassment of a whistleblower.

  • Document 4. Dodd-Frank Wall Street Reform and Consumer Protection Act (USA)
    Official text: Dodd-Frank Act

Section / Summary
Sec. 748. Commodity whistleblower incentives and protection. Whistleblower protection program within the framework of the Commodity Futures Trading Commission (CFTC) activities.
Sec. 922. Whistleblower protection and incentive program of the Securities and Exchange Commission (SEC Whistleblower Program).
Whistleblower Awards. Mechanism for paying monetary rewards.

Article / Summary (Verified according to the Law of Ukraine No. 1700-VII)
Art. 1. Legal definition of terms: whistleblower, internal, external, and regular reporting channels.
Art. 53. State protection of whistleblowers: state guarantee of protection and the legal status of a whistleblower.
Art. 53-1. Mandatory requirements for the organization of internal channels for receiving reports.
Art. 53-2. Procedure for conducting verifications based on a whistleblower’s report. Operation procedure of external reporting channels and the role of the NACP.
Art. 53-3. Rights and guarantees of whistleblower protection (including protection of labor rights and anonymity).
Art. 53-7. Whistleblower reward.

  • Document 1. Recommendation Rec(2003)4 on Common Rules Against Corruption in the Funding of Political Parties and Electoral Campaigns
    Official text: Recommendation Rec (2003)4

Section / Summary
Section I. External sources of funding for political parties.
Section II. Sources of funding of candidates for elections and elected officials (restrictions, donation limits, and transparency of party financial sources).
Section III. Electoral campaign expenditure (special requirements for funding and expense limits during election campaigns).
Section IV. Transparency (rules for maintaining transparent accounting and consolidated reporting).
Section V. Supervision (ensuring independent external control and audit of financial activities).
Section VI. Sanctions (introduction of effective, proportionate, and deterrent sanctions for financial violations).

Focus / Summary of the Standard
Transparency – Transparency of party funding sources. Mandatory disclosure of information on all donors and party income structures.
Reporting – Unification of periodic and electoral financial reporting formats.
Audit – Conducting a certified independent audit of the finances of political associations.
Sanctions – Sanctions for financial violations. Ensuring administrative and criminal liability for non-declaration of funds.
Oversight – Strengthening the mandate of independent oversight institutions.

Article / Summary
Art. 7 (para. 3). Transparency in the funding of election campaigns and political parties.
Art. 10. Public reporting: ensuring citizens’ access to information on organization and decision-making processes.
Art. 13. Participation of society: promoting the active involvement of non-governmental organizations in election and governance monitoring processes.

Article / Summary (Synchronization with the profile database)
Art. 14. Funds and other property of political parties (state funding of the statutory activities of political parties).
Art. 15. Restrictions on making contributions in support of political parties (clear restrictions and prohibited sources of funding (foreign states, anonymous donors)).
Art. 17. Financial reporting of parties (on property, income, expenses, and financial liabilities).
Art. 18. Bodies exercising state control over the activities of political parties. State control over party activities carried out by the NACP and the Accounting Chamber.

Article (Chapter) / Summary
Chapter XXVII. Election funds of parties, candidates for people’s deputies of Ukraine
Article 150. General principles of formation and functioning of the election fund of a party, personal election fund of a candidate for deputy. Control of election funds.
Article 152. Procedure for forming the election fund of a party, a candidate’s personal fund, and the use of its resources.
Article 153. Financial reporting on the receipt and use of election fund resources and its analysis.
Chapter XXXVI Article 215. Election funds of party organizations, candidates (Formation of the election fund).
Audit and Control. Analysis of financial reports by territorial election commissions, the CEC, and the NACP with the involvement of auditors.

Clause / Summary of the Standard
Clause 4. Context of the organization: defining internal/external factors and assessing corruption risks.
Clause 5. Leadership: demonstrating management commitment (Tone at the Top) and policy approval.
Clause 6. Planning: measures to address identified risks and establishing compliance objectives.
Clause 7. Support: resources, personnel training, and communication strategy.
Clause 8. Operation: comprehensive due diligence, financial, and non-financial controls.
Clause 9. Performance evaluation: internal audit, monitoring of indicators, and management review.
Clause 10. Improvement: corrective actions when non-conformities in the compliance system are identified.

Provision / Summary of Provisions
Anti-Bribery – Prohibition of bribing foreign officials to obtain or retain business.
Accounting – Requirements for keeping accurate books, records, and detailing financial transactions.
Internal Controls – Obligation to develop and maintain a reliable system of internal financial control.
Corporate Liability – Corporate liability of legal entities and extraterritorial jurisdiction of the law.

Section / Summary
Sec. 1. Offences of bribing another person (active bribery).
Sec. 2. Offences relating to being bribed (passive bribery).
Sec. 6. Bribery of foreign public officials.
Sec. 7. Failure of commercial organisations to prevent bribery.
Sec. 9. Guidance about commercial organisations preventing bribery.

Element / Summary of Compliance Elements
Compliance Program – Creation of a clearly documented internal anti-corruption program of the company.
Risk Assessment – Regular and evidence-based assessment of internal and external bribery risks.
Due Diligence – Conducting detailed verifications of counterparties, agents, and merger/acquisition (M&A) deals.
Reporting Mechanisms – Organization of secure and confidential channels for reporting ethical violations.
Monitoring – Periodic evaluation, testing, and revision of the compliance program in practice.

Section / Summary (Impact on Corporate Transparency)
Sec. 302. Corporate responsibility for financial reports.
Sec. 404. Management assessment of internal controls.
Sec. 802. Criminal penalties for altering, destroying, or falsifying accounting documentation.
Sec. 806. Protection for employees of publicly traded companies who provide evidence of fraud.

  • Document 6. UKRAINIAN LEGISLATION Law of Ukraine “On Prevention of Corruption” – Chapter X “Prevention of Corruption in the Activities of Legal Entities”
    Official text: Law of Ukraine No. 1700-VII (Articles 61-64)

Article / Summary (Clarification of article numbers according to the database)
Art. 61. General principles of corruption prevention in the activities of a legal entity.
Art. 62. Anti-corruption program of a legal entity. Defining the scope of legal entities required to adopt an anti-corruption program.
Art. 63. Requirements for the anti-corruption program of a legal entity.
Art. 64. Legal status, independence guarantees, and duties of the Authorized Officer (Compliance Officer).
Art. 53. State protection of whistleblowers.
Art. 53-1. Ensuring conditions for reporting information on possible facts of corruption or corruption-related offenses, and other violations of this Law.
Art. 53-3. Rights and guarantees of whistleblower protection.

Recommendation / ummary of the International Standard
Rec. 1. Assessing risks and applying a risk-based approach
Rec. 10. Customer due diligence (CDD)
Rec. 12. Politically exposed persons. Enhanced control measures regarding politically exposed persons (PEPs)
Rec. 20. Reporting of suspicious transactions. Mandatory immediate reporting of suspicious transactions.
Rec. 22. DNFBPs: customer due diligence. Application of CDD by designated non-financial professions and businesses
Rec. 24. Transparency and beneficial ownership of legal persons
Rec. 25. Transparency and beneficial ownership of legal arrangements
Rec. 29. Financial intelligence units (FIU).
Rec. 37. Mutual legal assistance (providing the widest possible range of mutual legal assistance)
Rec. 40. Other forms of international cooperation (effective forms of operational international cooperation between competent authorities)

Requirement (Tool) / Description of the Regulatory Instrument
CTR – Recording and reporting cash transactions exceeding the established limit ($10,000).
Recordkeeping – Strict requirements for storing financial and identification documentation (at least 5 years).
SAR – Mandatory filing of reports on detected suspicious financial activities and schemes.
CIP – Mandatory presence of an internal customer identification and verification program.
AML Program – Implementation of four core elements of internal financial monitoring programs.

Provision / Summary of the Financial-Criminal Instrument
Criminalization. Washing of dirty money is separated into an independent federal criminal offense.
Concealment. Criminalization of actions aimed at concealing the nature, source, or owner of proceeds.
Structuring. Prohibition of structuring (splitting) transactions to evade CTR limits.
Asset Forfeiture. Introduction of tools for the forfeiture of property involved in legalization schemes.

Section / Summary
Sec. 311. Special Measures for Jurisdictions, Financial Institutions, or International Transactions or Accounts of Primary Money Laundering Concern.
Sec. 312. Special Due Diligence for Correspondent Accounts and Private Banking Accounts.
Sec. 313. Direct prohibition for US financial institutions to open accounts for foreign “shell banks”.
Sec. 314. Cooperative Efforts to Deter Money Laundering.
Sec. 326. Verification of Identification. Minimum standards for customer identification when opening any financial accounts.

  • Document 5. UKRAINIAN LEGISLATION Law of Ukraine “On Prevention and Counteraction to Legalization (Laundering) of Proceeds from Crime, Financing of Terrorism and Financing of Proliferation of Weapons of Mass Destruction”
    Official text: Law of Ukraine No. 361-IX dated December 6, 2019

Article / Summary
Art. 1. Definition of terminology: primary financial monitoring, beneficiary, suspicious transaction.
Art. 6. System and subjects of financial monitoring. List and legal status of reporting entities (Reporting Entities – REs).
Art. 11. Procedure and tools for conducting customer due diligence (including KYC procedures).
Art. 14. Identification procedure and application of enhanced control measures regarding politically exposed persons (PEPs).
Art. 20. Threshold financial transactions subject to mandatory notification.
Art. 22. Procedures and timeframes for freezing assets related to terrorist activity.
Art. 25-27. Legal status, functions, and key powers of the State Financial Monitoring Service of Ukraine (Derzhfinmonitorynh).

  • Document 1. Corporate Transparency Act (CTA) (USA)
    Official text: FinCEN BOI Reporting Requirements
    Regulatory and legal status depends on the results of current federal litigation and updates regarding the implementation of FinCEN requirements.

Provision / Component / Content of Requirements
BOI Reporting. Mandatory direct submission of information about the ultimate beneficial owners of the company.
Reporting Companies. A clear list of company types required to report, and 23 exemptions from the rules.
FinCEN Database. Creation and administration of a secure centralized data register (BOI Database).
Access Rules. Strict regulations and restrictions on law enforcement access to registry information.
Penalties. Administrative and criminal liability for willful submission of inaccurate data.

Clause of Standard / Summary of Requirements of the International Group
Ownership Info. Countries must ensure the availability of basic and up-to-date information about founders.
Beneficial Ownership. Mandatory identification of specific individuals who exercise ultimate control.
Verification. Implementation of verification mechanisms (data checks) by registration authorities.
Accessibility. Ensuring rapid access for competent authorities to registries in real time.
International Coop. Fast international exchange of information regarding the real owners of business structures.

Article / Summary of Institutional Requirements
Art. 30. Creation of central national registers of beneficial ownership of legal entities.
Art. 31. Obligation to collect and store up-to-date data on the beneficiaries of trusts.
Art. 32. Empowering Financial Intelligence Units with access to the registers.
Art. 33. Timely provision of information to Reporting Entities for conducting customer due diligence procedures.

  • Document 4. Directive (EU) 2018/843 (Fifth Anti-Money Laundering Directive)
    Legal Note: The Judgment of the Court of Justice of the EU (CJEU) dated November 22, 2022, partially restricted unconditional public access for the general public; however, access for competent authorities and persons with a legitimate interest remains the standard.

Article / Summary of the Reform
Art. 1. Amendments to Directive (EU) 2015/849. Expanding the scope of transparency and introducing mandatory data verification.
Art. 30. (new edition). Alignment of interaction conditions and access to company registers.
Art. 31. (new edition). Creation of centralized registers of trust beneficiaries in EU states.
Art. 32a. Creation of centralized automated mechanisms for identifying bank account owners.

  • Document 5. UKRAINIAN LEGISLATION Law of Ukraine “On State Registration of Legal Entities, Physical Persons – Entrepreneurs and Public Formations”
    Official text: Law of Ukraine No. 755-IV

Article / Summary
Art. 17-1. Establishing the procedure for annual confirmation or notification of changes in information regarding beneficial owners.
Art. 35. Enforcement of liability and fine sanctions for non-submission or disinformation regarding Ultimate Beneficial Owners (UBOs).

  • Document 6. Unified State Register of Legal Entities, Physical Persons-Entrepreneurs and Public Formations (USR)
    Official portal: usr.minjust.gov.ua

Functional Option / Regulatory Content of the Functionality
Public Search– Providing open access to basic company registration data, including information on UBOs.
Dynamism – Automatic data updates upon changes made by state registrars or auditors/notaries.
State Verification – Direct integration with other registers for automatic verification of the submitted ownership structure.

Article / Summary
Art. 43. International cooperation. General obligations of states to ensure wide international cooperation.
Art. 44. Extradition (surrender of persons) for corruption offenses defined by the Convention.
Art. 45. Transfer of sentenced persons to serve their sentence in the country of origin.
Art. 46. Mutual legal assistance (MLA) in collecting evidence and conducting interrogations.
Art. 48. Law enforcement cooperation.
Art. 49. Joint investigations
Art. 50. Special investigative techniques (controlled deliveries, undercover operations).

Article / Summary
Art. 4. Jurisdiction. Rules for establishing territorial and national jurisdiction over an offense.
Art. 9. Mutual Legal Assistance (provision of mutual legal assistance upon requests from other state parties).
Art. 10. Extradition. Definition of bribery of a foreign public official as an extraditable offense.
Art. 12. Monitoring and follow-up. Systematic monitoring and evaluation of the implementation of the Convention by countries through the OECD Working Group.

Article / Summary
Art. 25. General principles and measures of international cooperation (jurisdictions).
Art. 26. Mutual assistance. General principles and standards of international cooperation of law enforcement bodies. International aspects of corporate liability.
Art. 27. Extradition. Conditions and legal grounds for implementing the offender extradition procedure.
Art. 28. Spontaneous information.

Article / Summary of the Regional Standard
Art. XIII. Extradition. Procedural aspects and mutual obligations regarding the extradition of corrupt individuals.
Art. XIV. Assistance and cooperation. Provision of mutual legal and procedural assistance during criminal proceedings.
Art. XVIII. Central authorities. Special formats of cross-border technical and operational cooperation between states.

Regulatory Declaration / Summary of the Legal Obligation
Ratification – Ukraine adopted the provisions of UNCAC in full, recognizing the priority of international standards.
Implementation of Declarations – Definition of central bodies responsible for the implementation of mutual assistance and extradition.

Article / Summary
Art. 51. General provision. Return of assets is proclaimed as a fundamental principle of this Convention.
Art. 52. Prevention and detection of transfers of proceeds of crime.
Art. 53. Measures for direct recovery of property.
Art. 54МMechanisms for recovery of property through international cooperation in confiscation.
Art. 55. International cooperation for purposes of confiscation.
Art. 56МSpecial cooperation (transmission of information on corruption assets without prior request).
Art. 57. Return and disposal of assets to legitimate owners or disposal of confiscated property.
Art. 58. Financial Intelligence Units.
Art. 59. Bilateral and multilateral agreements and arrangements. Development of bilateral or multilateral agreements and arrangements to enhance the efficiency of funds repatriation.

Article / Summary
Art. 1. Purpose. Provision of effective remedies for persons who have suffered damage from corruption.
Art. 3. Compensation for damage. Right of physical and legal persons to full compensation for material and moral damage caused.
Art. 4. Liability (existence of corrupt behavior, damage, and causal link).
Art. 5. State responsibility. Responsibility of the state and state bodies for acts of corruption committed by their public officials.
Art. 6. Contributory negligence / participation in causing damage. Joint and several liability if damage is caused by the combined actions of several persons.
Art. 8. Validity of contracts. Civil law consequences: declaring contracts and agreements related to corruption void.
Art. 9. Protection of employees from unjustified disciplinary sanctions for reporting corruption.

Recommendation / Summary of the Standard
Rec. 4. Confiscation and provisional measures. Confiscation of proceeds from crime, instruments of crime, and application of provisional measures (seizure/freezing).
Rec. 30. Responsibilities of law enforcement and investigative authorities. Providing law enforcement and investigative bodies with clear powers for property investigation and tracing.
Rec. 31. Powers of law enforcement and investigative authorities. Empowering law enforcement and investigative bodies with the right to apply coercive measures to access documents during investigations.
Rec. 38. Mutual legal assistance: freezing and confiscation (timely execution of foreign requests regarding the freezing, seizure, or confiscation of assets).
Rec. 40. Other forms of international cooperation. Ensuring fast and secure channels for inter-agency exchange of data on criminal capital.

Provision / Summary of the Regulatory Instrument
Burden of Proof – The burden of proof is shifted to the government (standard of “preponderance of the evidence”).
Innocent Owner – Legislative protection of the rights of a bona fide purchaser or owner of property (Innocent Owner Defense).
Notice Regs – Clear procedural timeframes and requirements for sending notices to property owners about asset seizure.
Judicial Review – Right to a judicial review of the legality of property seizure and recovery of legal costs.
Compensation – Mechanisms for property return and damage compensation if guilt is not proven by the government.

  • Document 5. UKRAINIAN LEGISLATION Law of Ukraine “On the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes” (ARMA – Asset Recovery and Management Agency)
    Official text: Law of Ukraine No. 772-VIII dated November 10, 2015

Article / Summary
Art. 1. Definition of terms. Legal status of ARMA as a central body with a special status.
Art. 9. Functions and powers of ARMA regarding the finding and tracing of assets upon requests from law enforcement agencies.
Art. 21. General principles of management of movable and immovable property, securities, property, and other rights.

  • Document 6. Criminal Procedural and Criminal Codes of Ukraine (regarding special confiscation)
    Official texts: Art. 96-1, 96-2 of the CC of Ukraine; Art. 170 of the CPC of Ukraine; Law on HACC (High Anti-Corruption Court)

Norm (Body) / Summary
Art. 96-1 CC of Ukraine – Special confiscation (Legislative grounds and definition of the essence of special confiscation).
Art. 96-2 CC of Ukraine – Cases of applying special confiscation. An exhaustive list of property and funds subject to special confiscation.
Art. 170 CPC of Ukraine – Imposition of arrest on property as a preventive measure to ensure subsequent confiscation.
Law of Ukraine “On HACC” – The High Anti-Corruption Court has exclusive jurisdiction over the consideration of criminal cases and asset confiscation.

Article / Summary of the Sanctions Instrument
Art. 1. Definition of the material scope and criteria for involving persons in corrupt activities.
Art. 2-3. Freezing of all funds and economic resources of sanctioned individuals.
Art. 4. Prohibition for EU citizens and companies from providing funds to sanctioned entities.
Art. 6. Legal exemptions (humanitarian needs, medical treatment, legal services).
Art. 12. Obligations regarding coordination and information exchange between EU countries and the European Commission.

Section / Summary
Sec. 1263 (b). Powers of the US President to apply sanctions for acts of significant corruption and expropriation.
Sec. 1263 (c). Visa sanctions: prohibition on obtaining visas and revocation of valid documents for entry into the USA.
Sec. 1263 (d). Economic sanctions: full blocking of transactions and asset seizure under US jurisdiction.
Reporting Req. Obligation of annual report submission to profile congressional committees regarding new sanctions lists.

  • Document 3. Executive Order 13818 (USA)
    Official text: Federal Register EO 13818 – Blocking the Property of Persons Involved in Serious Human Rights Abuse or Corruption

Section \ Summary of the Legal Instrument
Section 1 (a). Declaration of a national emergency due to the threat and full blocking of assets of targets on the OFAC list.
Section 1 (c). Direct prohibition on performing any financial transactions or charitable contributions in favor of sanctioned individuals.
Section 3. Definition of corruption criteria (bribery, misappropriation of state property, material assistance to corrupt individuals).

Article / Summary (Synchronization with legislative innovations)
Art. 1. Sovereign right of Ukraine to defense. Legal grounds for applying sanctions to protect national security, sovereignty, and the rule of law.
Art. 4 (part 1) . An exhaustive list of over 20 types of sanctions (asset blocking, recovery into state revenue, etc.).
Art. 5. Application, cancellation, and amendment of sanctions. Procedure for initiation, adoption (NSDC decision), and entry into force (Decree of the President of Ukraine) of sanctions.
Art. 5-1 (Amended). Grounds, conditions, and procedure for recovering assets of physical or legal persons into state revenue.

  • Document 5. Law of Ukraine “On Prevention of Threats to National Security Related to the Excessive Influence of Persons Who Have Significant Economic or Political Weight in Public Life (Oligarchs)”
    Official text: Law of Ukraine No. 1780-IX dated September 23, 2021

Article / Summary of Legal Restriction
Art. 1. Definition of terms. General provisions and legal definition of the de-oligarchization objective.
Art. 2. A person who has significant economic and political weight in public life (oligarch). Clear 4 criteria for recognizing a person as an oligarch (participation in politics, influence on media, monopoly, asset value).
Art. 7. Legal consequences of recognizing a person as one who has significant economic and political weight in public life (an oligarch) and inclusion in the Register.