Order No. 536-r defines the mechanism for transferring assets seized in criminal proceedings to the management of JSC “NNEGC “Energoatom”. This step has been taken as an exceptional measure to prevent emergency situations in the energy sector. The document mandates ARMA to transfer the relevant property to “Energoatom” based on acceptance certificates. Asset management shall continue until the risks of disruption in the operation of energy infrastructure are eliminated or until the conclusion of procedural actions in the criminal proceedings.<\/p>\n
The structure of the order consists of two key points: the designation of the management entity (Energoatom) and the establishment of the terms of the management agreement. The primary change lies in the application of a special mechanism for the transfer of assets without conducting a tender, as provided for by Article 21-1 of the Law of Ukraine “On the National Agency of Ukraine for Finding, Tracing and Management of Assets Derived from Corruption and Other Crimes” (ARMA) for cases where there is a threat to energy security.<\/p>\n
The most significant provisions for practical application are:
\n1. Limitation of the manager’s remuneration: the amount of remuneration for “Energoatom” may not exceed 5% of the net income derived from the management of the transferred assets.
\n2. Purpose: the transfer of assets is carried out exclusively to ensure the stable functioning of the energy sector and to prevent emergency situations.
\n3. Time limits: management is carried out for the period necessary to eliminate the risks of asset operational failure, but for no longer than the duration of the relevant procedural measures.<\/p>\n