Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Appeal of NSDC sanctions
Since the adoption of the Law of Ukraine “On Sanctions” (August 2014), they have affected thousands of individuals and legal entities. Sanctions have become a fairly effective political and economic tool for the state. However, the imposition of sanctions does not always take place in a valid legal field. Appealing sanctions issued by the National Security Council is one of the areas of activity of our specialists – lawyers Prykhodko and Partners.
Peculiarities of the sanctions application procedure
To begin with, we note that the procedure for applying sanctions is not fully regulated by Ukrainian legislation. Very often it happens without checking the evidence or justification, only on the basis of the availability of generalization certificates from various authorities.
This procedure corresponds to the nature of the emergence of this instrument – the most prompt prevention of threats to national interests. However, sanctions are inherently more of a political rather than a legal process.
However, sometimes significant mistakes can be made, and therefore the application of sanctions is not always justified. At the same time, there is no effective procedure for canceling or revising sanctions. In fact, NSDC sanctions are accepted with obvious abuses. Court proceedings related to the appeal of decisions on the application of sanctions can last more than one year.
One of the features of NSDC sanctions in modern conditions is the desire to quickly obtain demonstrative decisions. In some cases, the legal side of the issue is completely ignored. Of course, the best option for the authorities is to seize existing assets based on the imposition of sanctions, rather than through investigations that involve the collection of evidence and other legal procedures. However, it simply cannot be so.
To confirm the grounds for the application of sanctions, a package of documents is provided. In most cases, the NSDC representatives do not even familiarize themselves with its content. As for the evidence, it is most often collected in the process of already valid criminal proceedings.
That is why it is very important to transform the judicial system in such a way that the efficiency of the work of representatives of law enforcement agencies is significantly increased.
Sanction appeal algorithm
In accordance with the current legislation, there is the following algorithm for the introduction of sanctions and their future appeal:
- In addition to the National Security Council, the SBU, Verkhovna Rada, the President, etc. may initiate proposals regarding the application of sanctions.
- The decision of the National Security Council puts the Presidential Decree into effect.
- The prepared lawsuit is submitted to the Supreme Court of Cassation. This means that the court of appeal is the Grand Chamber of the Supreme Court.
If an unacceptable decision is made, then a lawsuit will be filed with the European Court of Human Rights.
We offer to consider in more detail the grounds for filing a lawsuit and challenging the NSDC sanctions. Among the most common justifications of the claim:
- Application of sanctions against improper subjects.
- Non-compliance with the rules regarding the principles and norms of the application of sanctions.
- Indefinite application of sanctions.
After access to the materials on the basis of which sanctions were applied, the grounds for action may change depending on the specific case.
Assistance of professional lawyers in challenging NSDC sanctions
In order to appeal the sanctions of the National Security Council, it is worth enlisting the support of professional lawyers. Prykhodko and Partners specialists have the necessary practical experience to protect the interests of each client.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for challenging NSDC sanctions, fill out the form below.
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