“Citizens of Ukraine who are under the sanctions of the National Security and Defense Council (NSDC) are increasingly going to court to appeal such decisions, and, as practice shows, have a real chance. This is evidenced by the resonant individual opinion of the judges of the Supreme Court, which indicate the importance of compliance”, – WRITE ON: ua.news
Citizens of Ukraine who are under the sanctions of the National Security and Defense Council (NSDC) are increasingly going to court to appeal such decisions, and, as practice shows, have a real chance. This is evidenced by the resonant Separate opinion Supreme Court judges that indicate the importance of compliance with the principles of rule of law even in sanction policy, told in interview UA.news lawyer Alexei Shevchuk, partner and spokesman for the Barristers Advocacy Association.
As it became known, a lawyer, a Barristers partner Alexander Shadrin, received a separate opinion of judges of the Supreme Court, which clearly states:
“Even with the widespread discretion of the President in sanction policy, his actions must remain within the Constitution and the rule of law. The courts are obliged to check whether the decision is arbitrary and sanctions are unjustified in a particular case. The state did not provide proper evidence of the person.
This separate opinion, signed by the judges of the Supreme Court of Kryvenda and Mazur, is a sign precedent. She emphasizes that even in the presence of broad powers of the President in the field of sanctions policy, the actions of state bodies cannot be arbitrary and should rely on the evidence base.
In cases where judges of the Supreme Court express some views on the unreasonableness of sanctions and the inability to apply to citizens of Ukraine, more and more. This indicates the increasing attention of the judicial system to respect for the rights of citizens and the legality of procedures in the introduction of restrictive measures.
