Rulemaking of the national agency of Ukraine for the identification, search and management of assets obtained from corruption and other crimes: constitutional and legal aspect
The article analyzes the legal nature and constitutional status of the legal acts of the National Agency of Ukraine for finding, tracing and management of assets, derived from corruption and other crimes (abbr. - Asset Recovery and Management Agency or ARMA) as a central executive body with special status. The features of the central executive bodies with a special status as an integral component of the executive branch and the state mechanism as a whole are considered. It has been established, that the special status is determined primarily by the special social role of this category of central executive bodies. The place and role of the National Agency of Ukraine for finding, tracing and management of assets, derived from corruption and other crimes in the system of executive authorities is determined. It has been established, that this body occupies an intermediate place between law enforcement agencies, engaged in the fight against corruption, and organized crime, as well as other government bodies. It is this circumstance that is the reason for the existence of a rule-making function in this body. In particular, this concerns the right of the ARMA to issue by-laws - an order - on matters, referred by law to its jurisdiction. The main problems on the implementation of the legislative function of this authority and ways to solve them are determined. In particular, it is proposed to expand the legislative capabilities of the National Agency of Ukraine for finding, tracing and management of assets, derived from corruption and other crimes, in order to avoid possible conflicts with the Cabinet of Ministers of Ukraine and other central executive bodies. In particular, it is proposed to consider the possibility of endowing the said agency with the right of direct legislative initiative to regulate public relations in the field of identification, search and asset management