“The Supreme Court denied the claim of Yulia Voynikova, which demanded to cancel the Presidential Decree on the application of personal sanctions (No. 850/2023). Thus, the activities of Ukrainian entrepreneurs in temporarily occupied territories, even in the form of management, can be considered a threat to national security. About it writes a single state register of court decisions. According to the Security Service of Ukraine, controlled by a military farm”, – WRITE ON: ua.news
The Supreme Court denied the claim of Yulia Voynikova, which demanded to cancel the Presidential Decree on the application of personal sanctions (No. 850/2023). Thus, the activities of Ukrainian entrepreneurs in temporarily occupied territories, even in the form of management, can be considered a threat to national security.
About it writes The Unified State Register of Judgments.
According to the Security Service of Ukraine, Lyudmila’s military farm in Berdyansk was re -registered in the pseudo -organs of power created by Russia in the temporarily occupied territory of Zaporizhzhya region. After that, the company continued its work, paid taxes to the budget of the Russian Federation and received licenses from the occupation administration.
These circumstances of the SBU regarded as creating real and potential threats to Ukraine’s national security. On this basis, the NSDC made a decision to apply to Voynikov, her husband and mother -in -law restrictive measures that the President of Ukraine put into effect.
Voynikov denied all the accusations and declared inaccuracy to any activity that threatens Ukraine’s security. She argued that the sanctions were applied illegally because it is a citizen of Ukraine, and in her opinion, the law on sanctions does not provide for their imposition on residents. In addition, through blocking accounts, it, like having three children, was left without livelihood.
The Supreme Court stressed that the law on sanctions allows to apply restrictive measures to any entities whose actions pose a threat to Ukraine’s sovereignty and territorial integrity. The Court also noted that the security issue is the area of discretionary powers of the President and the NSDC, and interference with Voynikov’s activities is a proportional purpose of protecting the state.
Lawyer Klim Bratkovsky notes that this case actually forms a law enforcement practice on the activities of Ukrainian citizens in the occupied territories:
“The creation or re-registration of legal entities in the so-called” pseudoorgans “and conducting a business that pays taxes to the budget of the aggressor state can be regarded as interaction with the occupying administration,” he says.
As Bratkovsky points out, this falls under sanction mechanisms under the law “On sanctions” and under the signs of collaborative activity under Art. 111-1 of the Criminal Code of Ukraine.
“The court actually acknowledged that even indirect economic cooperation with the invaders is a threat to national security,” he states.
According to him, entrepreneurs should take into account the risks of such activity, since the further practice of law enforcement agencies and courts will rely on such decisions.
Recall that foreign partners of Ukraine have previously unconditionally implemented Ukrainian sanctions against certain persons, but today this figure has dropped sharply to 15%. Reduced confidence by international partners leads to the fact that the mechanisms of sanctions used by Ukraine are increasingly used for their intended purpose.
Much of the sanctions decisions – up to 80% – the NSDC approved against Ukrainian citizens, can be canceled by the courts.
From a legal point of view, the imposition, introduction and implementation of the NSDC sanctions against Ukrainian citizens is a false practice, said the lawyer Alexei Shevchuk, a partner and spokesman for the Barristers Advocacy. The current legislation, even in the fact that a person poses a certain information threat to the country, does not allow the sanction to impose a sanction against that person.
Citizens of Ukraine who were under the sanctions of the National Security and Defense Council (NSDC), more and more often They turn To court to appeal such decisions, and, as practice shows, have a real chance. This is evidenced by the resonant Separate opinion Judges of the Supreme Court.
By imposing sanctions against citizens of Ukraine without court sentences and criminal proceedings, the National Security and Defense Council (NSDC) in fact replaces the whole system justice.