MANAGEMENT OF AN INTEGRATED PROPERTY COMPLEX(PORTFOLIO OF ASSETS – A COMPLEX OF VARIOUS TYPES OF ASSETS)CARRIED OUT BY ARMA AND A TEMPORARY ADMINISTRATION IN BANKING INSTITUTIONS:A COMPARATIVE ASPECT OF THE FEATURES OF LEGAL REGULATION

Abstract

B a c k g r o u n d . The issue of effective management of assets derived from corruption and other criminal activities has remained highly relevant in Ukraine since the establishment of the ARMA in 2015. In addition to asset management carried out by ARMA, there are other instances in which the state manages property that is not in its ownership. The purpose of this study is to examine the legal framework governing the temporary management of assets that are not state-owned and to identify the key features of such regulatory mechanisms.

M e t h o d s . This work is grounded in general scientific methods, particularly the comparative method of legal analysis, as well as specific legal research techniques, including the formal legal method. The comparative approach is employed to juxtapose the legal norms and their implementation in the context of various legal institutions, including ARMA and DGF. The formal legal method is applied to analyze the legal provisions that regulate property relations in the cases discussed.

R e s u l t s . This paper addresses the pressing issue of legal regulation concerning the temporary state management of assets owned by private or non-state entities. The author conducts a comparative analysis of two institutional mechanisms: the asset management activities carried out by ARMA and the temporary administration implemented in insolvent banks. The study draws upon current Ukrainian and EU legislation. The author emphasizes the necessity of maintaining the integrity of an enterprise as a single property complex, arguing that its total economic value significantly exceeds the aggregate value of its individual components.

C o n c l u s i o n s . The comparative analysis reveals several shared characteristics between the two mechanisms. Legal basis for transfer of management: a decision issued by a competent state authority (a court or asset; the National Bank of Ukraine); Ownership status of the managed property: the assets do not belong to the state; Purpose of management transfer: to preserve the economic value of assets and protect public interests (such as combating corruption and safeguarding depositors' rights); Nature of management: temporary, with clearly defined duration or termination conditions. Despite differences in their legal foundations, both mechanisms reflect similar approaches to the effective and temporary management of non-state-owned assets.