Illegitimate sanctions

“- Currently, the Supreme Court is considering a number of cases regarding claims to exclude persons from the sanction lists,” – Vladimir Tabachinsky commented on the issue of defence  against illegitimate sanctions, he is a lawyer in the “Dynasty” Law Firm’s Kiev office, especially for the newspaper “Legal Practice”

The legal proposition of such claims is based on the violation of rights guaranteed by the Constitution of Ukraine, the Universal Declaration of Human Rights, the Convention for the Protection of Human Rights and Fundamental Freedoms, and the International Covenant on Civil and Political Rights by these acts.

As judicial practice shows, as regards such cases either they either completely deny to open proceedings, or they deny to satisfy the claim.

Nevertheless, based on the above-mentioned decisions, conclusions can be made that the courts could meet the requirements, if the claimant could prove a violation of the procedure for applying sanctions provided for by the Law of Ukraine “On sanctions”, in particular, regarding the submission of a proposal on their implementation by a specifically defined subject.

The courts also came to the conclusion, that since the decision of the National Security Council without applying the established procedure for entry into legal force does not create any legal consequences for the plaintiff, so the lawsuit with the missing requirement to cancel both the decision of the National Security Council and the decree of the President of Ukraine imposing such a decision, sounds the basis for failure to satisfy claims.

Publications 22 April, 2019

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