“Two judges of the Grand Chamber of the Supreme Court of Kryveda OV and Mazur MV They expressed the opinion on the possibility of judicial appeal of the Presidential Decree on sanctions. Not to indicate or confirm the evidence during the consideration of the case of specific actions of the person who became the basis for the application of sanctions may be the basis for the cancellation of the sanction decree. In the conditions of war and widespread use of sanctions”, – WRITE ON: ua.news
Two judges of the Grand Chamber of the Supreme Court of Kryveda OV and Mazur MV They expressed the opinion on the possibility of judicial appeal of the Presidential Decree on sanctions. Not to indicate or confirm the evidence during the consideration of the case of specific actions of the person who became the basis for the application of sanctions may be the basis for the cancellation of the sanction decree.
In the conditions of war and the widespread use of sanctions, this position forms a fundamentally new field for law enforcement and human rights – in particular, it enhances the idea of ensuring transparency, validity and judicial control over power discretion, even in areas related to national security.
The corresponding document has not yet been published in the Unified Register of Judgments.
Thus, Judge Kryveda OV and Mazur MV They prove their Lumka that:
• even with the widespread discretion of the President in sanction policy, his actions should remain within the Constitution and principles of the rule of law;
• the courts are obliged to check whether the decisions are arbitrary and sanctions are unjustified;
• In a particular case, the state did not provide adequate evidence of the threat from the person to whom the sanctions were applied, and therefore the claim had to be satisfied.
It is worth noting that this is the first known case where the judges of the VPI of the Armed Forces publicly declare the appeal and a claim against the Presidential Presidential Decree, questioning the unconditional of the sanction mechanism.
The text has both legal and public weight: it can become the basis for legal discussion, public control over the activities of the authorities, the instrument of protection of the rights of persons who consider sanctions on themselves unfounded and unjustified, and can also be taken into account by the subjects – initiators of the application of sanctions to evaluate the prospects of their cancellation
Recall that President Volodymyr Zelenskyy has recently introduced new sanctions. This time, restrictions were imposed against people and companies that are conducting business in the occupied territories of Ukraine, including in the Crimea.
