It should be said that the grounds for the application of each of the specified Art. 4 of the Law of Ukraine "On Sanctions", the types of sanctions are different, for the application of a sanction in the form of confiscation of assets into the state income, there is a task of significant damage to the national security, sovereignty or territorial integrity of Ukraine, which may, in particular, consist of the following:
• participation in state financing and logistical support of measures related to the decision to start armed aggression against Ukraine; participation in the organization (including planning, management and coordination, state financing and material and technical support) of preparation for armed aggression against Ukraine, as well as in the organization of direct armed aggression against Ukraine;
• substantial facilitation of actions or decision-making, in particular, but not exclusively, by supplying/providing, storing weapons, ammunition, explosives, military or special equipment, other means and tools for carrying out armed aggression against Ukraine, ensuring the repair of such tools and tools.
The conditions of application of this sanction can be called:
• application of the sanction during the period of the legal regime of martial law;
• a sanction in the form of blocking assets was imposed on a sanctioned person by the decision of the National Security and Defense Council of Ukraine, adopted after the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Increasing the Effectiveness of Sanctions Related to the Assets of Individuals" came into effect;
• the above-mentioned grounds for applying such a sanction are available.
Attention should also be paid to the procedure for the application of sanctions, which is regulated by parts 3-5 of Article 5 of the Law of Ukraine "On Sanctions", and from which it is clear that decisions on the application of sanctions, their cancellation and the introduction of amendments to sanctions are adopted by the NSDC and put into effect by decree President Proposals regarding the application, cancellation, and amendment of sanctions are submitted to the NSDC for consideration by the Verkhovna Rada of Ukraine, the President of Ukraine, the Cabinet of Ministers of Ukraine, the National Bank of Ukraine, and the Security Service of Ukraine.
Thus, only in the case of compliance with the procedure and powers during the application of a sanction in the form of blocking assets to a sanctioned person, the authorized subject (Ministry of Justice of Ukraine) can initiate the issue of applying a sanction in the form of collection of assets of such a sanctioned person in the state income.
At the same time, the legality and observance of the specified procedure will be subject to a detailed assessment by the court during the adoption of the relevant judicial decision on the possibility of applying the appropriate sanction to the person subject to the sanction.
This sanction is applied by the VACS based on the results of consideration of the administrative case in accordance with the procedure of the KAS.
The analysis of the main aspects of one of the first court decisions on the application of sanctions in the form of collection of state income will be the subject of research in Part IX of the article devoted to the topic of sanctions.
Darya Vasina, attorney at Dynasty Law & Investment
