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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 sanctions imposed on a natural or legal entity
Recently, the number of sanction cases against individuals and legal entities has increased significantly. In this article, Prykhodko and Partners lawyers will tell you how you can appeal the sanctions imposed on an individual or legal entity.
Legislative framework of the issue
Since 2014, the Law of Ukraine “On Sanctions” has been in force in our country. It can be characterized as quite controversial. It consists of basic articles without detailed grounds, norms for application, which can serve as a basis for imposing sanctions. That is, this Law is distinguished by a more general character. This makes it impossible to interpret its norms as correctly as possible. In today’s realities, some authorities use their powers to punish persons who act as their political rivals. At the same time, there are often no serious investigations to establish the person’s guilt.
Sanctions imposed against individuals and legal entities
Sanctions applied to individuals may include economic or personal sanctions. Let’s consider personal sanctions in more detail. Personal sanctions can be applied to specific individuals, both individuals and legal entities. This means that the grounds for their application must fully justify interference with the legal rights and freedoms of the specified categories of persons. Thus, sanctions cases are directly related to existing standards of human rights protection.
In addition, let’s not forget that personal sanctions in modern Ukraine are a tool of political struggle. Any case must be based on real evidence established in criminal proceedings.
Sanction appeal procedure
The Law of Ukraine “On Sanctions” lacks such an important element as the possibility of appealing sanctions. However, an appeal is still possible. In accordance with the general prescriptions of the articles of the Code of Administrative Procedure of Ukraine, such cases are dealt with in the order of simplified legal proceedings. The Supreme Court, which consists of the collegium of the Administrative Court of Cassation (its composition includes at least 5 judges), specializes in this.
Therefore, sanctions can be challenged only in court. First, in most cases, the plaintiff does not know that sanctions are planned against him. Most often, this becomes known only after the relevant decision has been approved by a presidential decree. Secondly, without the signature of the President, such decisions do not have legal force. This means that they are not included in the category of legal acts that are subject to appeal.
Another significant problem is that the application of sanctions is possible based on the presence of a threat to the interests of the state. In addition, it may be about conducting terrorist activities. These facts must be confirmed by a relevant court decision. In practice, sanctions in Ukraine can be imposed against persons who do not even receive relevant charges. Such actions can be characterized as legal lawlessness.
That is why challenging the sanctions that were imposed on a natural or legal person is a rather complex task that requires the use of a complex approach. Only highly qualified lawyers will be able to do this. Specialists Prykhodko and Partners approach each case individually, applying the entire stock of theoretical and practical knowledge.
Do you still have questions? We are waiting for a preliminary consultation! Fill out the form below to calculate the cost of attorneys’ services for challenging sanctions.
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