Appeal of personal sanctions

In world practice, the process of applying sanctions is an integral part of modern justice. Personal sanctions are imposed for gross violations of human rights and various international crimes. Most often, sanctions have a political purpose, namely limiting the influence of legal entities and individuals. That is why the appeal of personal sanctions is a very important service provided by the specialists of our Prykhodko and Partners law office.

Legislative framework of the issue

To begin with, we note that the main purpose of applying sanctions is different from the purpose of criminal justice. In accordance with the strategy of the European Union, the following components of the application of sanctions are determined:

• Protection of European values.
• Support of human rights and democracy.
• Compliance with the principles of international law.
• Strengthening international security.
• Conflict prevention.

If personal sanctions are applied without respecting human rights standards, there is a very high risk that the basic rights of the individual may be violated.

In August 2014, the Law of Ukraine “On Sanctions” was registered. This Law states that threats to Ukraine’s national security, interests, and sovereignty are grounds for applying sanctions.

However, in practice, determining the reasons for imposing personal sanctions is not always interpreted within the framework of the current legal field.However, in practice, determining the reasons for imposing personal sanctions is not always interpreted within the framework of the current legal field.

The mechanism of application of personal sanctions

Among the features of personal sanctions is their application to specific legal entities and individuals. Therefore, the grounds for their application must be justified by interference with the legal rights of such persons. Cases on personal sanctions are directly related to current standards of human rights protection. In addition, the risk of applying personal sanctions as one of the tools of political struggle against opponents is very high.

The application of a certain type of sanctions to a specific person involves the use of the procedure defined by the Law. It consists of the following stages:

• Adoption of a decision on the application of personal sanctions by the National Security and Defense Council of Ukraine.
• Implementation of the decision of the National Security Council by decree of the President of Ukraine.

This algorithm of actions allows the state to react quickly enough to existing threats to national interests. However, there are many shortcomings in the Law.

In fact, a very large number of cases do not reach the court, being closed due to various grounds in various procedural forms. Among the most common reasons why an application remains without consideration or movement are:

• Missing the deadlines set aside for applying to the court.
• Failure to appear at the meeting of the plaintiff’s representatives.
• Cancellation of sanctions until the court makes a relevant decision.

The last reason is also very often regarded as a reason for closing the existing criminal proceedings in the case.

Assistance of professional lawyers in appealing personal sanctions

Thus, the issue of imposing personal sanctions in the modern Ukrainian legal field is quite complex and requires a comprehensive approach. If personal sanctions were applied against you, Prykhodko and Partners lawyers will be able to help you in appealing them.

Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for appealing personal sanctions, fill out the form below.