How to appeal personal sanctions of the National Security and Defense Council?

Sanctions have become one of the most widely used tools to protect Ukraine’s national interests, but in this area, there are often cases when the imposition of personal sanctions by the National Security and Defense Council raises doubts about their legality.

Among the common problems are insufficient evidence base, application of sanctions to inappropriate entities, or violation of procedural norms. In such situations, there is a need to protect one’s rights and appeal unfounded decisions.

What are the grounds for imposing sanctions?

• Threat to national interests. Sanctions may be imposed on foreign states, legal entities or individuals, as well as other entities, if their actions:

1. Create real or potential threats to national security, sovereignty, or territorial integrity.
2. Contribute to terrorist activities.
3. Violate the rights and freedoms of citizens.
4. Lead to the occupation of territory, expropriation of property, or restriction of property rights.
5. Cause economic damage or impede sustainable development.

• International decisions. The grounds for sanctions are:

1. Resolutions of the UN General Assembly and Security Council.
2. Decisions and regulations of the EU Council.
3. Violation of human rights and international principles

• Violation of the Universal Declaration of Human Rights.
• Inconsistency with the UN Charter or other international treaties.

Common types of sanctions

1. Blocking of assets. Temporary deprivation of the right to use or dispose of property belonging to a person subject to sanctions, including assets.
2. Seizure of assets to state revenue. Forced seizure of property of individuals or legal entities.
3. Restriction of trade transactions. Partial or complete ban on exports, imports or other commercial transactions.
4. Suspension of the transit of resources, transportation and flights. Restriction or complete ban on transport operations passing through the territory of Ukraine, including the transit of energy carriers.
5. Prohibition on the withdrawal of capital abroad. Control and restrictions on financial transactions related to the withdrawal of funds from Ukraine to foreign countries.
6. Restrictions on the use of licenses. Cancellation or suspension of licenses required for the implementation of certain activities, including permits for the use of subsoil.
7. Prohibition on the distribution of media. Complete cessation of the activities of foreign media or restriction of their presence on the territory of Ukraine.
8. Restrictions on participation in privatization and lease of state property. Prohibition of foreign entities and persons associated with them from participating in privatization processes or leasing state property.
9. Prohibition of procurement. Refusal to carry out government procurement from companies that have ties to sanctioned countries.
10. Termination of international agreements. Termination of contracts and agreements concluded with foreign entities that violate the national interests of Ukraine.

Procedure for imposing and appealing sanctions

Sanctions may be initiated by

• the President of Ukraine
• the Verkhovna Rada of Ukraine
• the Cabinet of Ministers
• the Security Service of Ukraine
• the National Bank.

These bodies consider the issue of imposing sanctions and submit relevant documents to the National Security and Defense Council of Ukraine.

The decision on sanctions is made by the National Security and Defense Council, and it enters into force after approval by decree of the President of Ukraine and its official publication. In some cases, documents justifying sanctions may be submitted after the decision is made.

Sanctions may be revised by adopting a new decision of the National Security and Defense Council or appealed in court.

At the same time, the only contested document is the Presidential decree.

Among the main reasons for appealing decisions on imposing sanctions, it is worth highlighting:

1. Permanence of restrictions. Imposition of sanctions without determining their term of validity.
2. Failure to comply with legislative requirements. Ignoring the principles and grounds defined by legislation.
3. Lack of legal basis. Sanctions are applied without proper regulatory justification.
4. Non-compliance with democratic principles.
5. Introduction of sanctions against persons or organizations that are not proper subjects.

Special attention deserves the restriction of access to information on the grounds for sanctions. In particular, in cases where sanctions are initiated by the SBU, the justification may contain information that is a state secret.

This makes it difficult for a person or organization to prepare a reasoned statement of claim, since the lack of access to evidence deprives them of the opportunity to effectively defend their legal position.

How can we help?

Our team provides a full range of legal services in cases related to sanctions:

• Consultation. We will help you understand the legal grounds for imposing sanctions, their impact on your activities and possible ways to resolve the situation.
• Legal analysis of documents. We will conduct an examination of the decisions that became the basis for sanctions and identify possible violations or errors.
• Appealing sanctions. Lawyers will prepare a well-founded legal position for an appeal in court, protecting your rights and interests.
• Drafting and filing a claim. We will ensure the preparation and submission of a statement of claim to the relevant authorities
• Support in legal proceedings. Our lawyers will represent you in court at all stages of the case, ensuring effective protection.

Law Firm "Prіkhodko and Partners" is professional support in complex issues of sanctions, criminal proceedings. If you are interested in lifting sanctions of the National Security and Defense Council and other state bodies - fill out the form below to calculate the price of a lawyer's assistance!