Judicial practice should rather serve as a secondary source. It is also important to outline a clearer range and powers of entities that initiate, make decisions, and implement these types of sanctions, etc.Īfter all, when it comes to right to property, it is necessary to enshrine regulation at the level of the law. In particular, regarding the definition of the exceptional grounds, special conditions, pre-trial and judicial procedure for the application of a new type of sanction - recovery of assets into the national income. ![]() TI Ukraine recommends improving certain provisions of the draft law. This sanction type is already provided for in the law and has the potential for greater effectiveness. Strengthening the blocking of assets is also necessary. Such a potentially wide list (“any other entities,” “contributed significantly” (in what such a significant contribution was manifested) or “significant threat”, etc.) would blur the understanding of whom this law can or cannot be applied to.Ĭonsidering the objectives of the draft law, it is necessary to clearly establish the exceptional grounds, conditions, and mechanism for the recovery of assets by court decision into the national income. ![]() In particular, Article 1 of the Law of Ukraine “On Sanctions” will not provide that sanctions will be applied “to any other entities that by their actions created a significant threat to the national security, sovereignty, or territorial integrity of Ukraine (including through armed aggression or terrorist activity) or significantly contributed (including through financing) to the commission of such actions by other entities, including residents within the meaning of the Law of Ukraine “On the Basic Principles of Forced Removal in Ukraine of Objects of Title of the Russian Federation and Its Residents.” The Committee on Economic Development proposed not to expand the range of entities subject to the scope of law and decided to adopt the draft law as a basis and in general with this proposal. To strengthen the financial and economic basis of the defense capability of the Ukrainian state as one of the guarantees of further deterrence and eventual cessation of armed aggression by the Russian Federation restoration of civilian infrastructure to minimize the catastrophic humanitarian consequences of its destruction compensation for the victims of crimes committed by representatives of the aggressor state on the territory of Ukraine. ![]() To establish new grounds and mechanisms for an adequate political and legal response to the actions that enable war crimes, crimes against humanity, and large-scale destruction of civilian infrastructure committed by the Russian Federation on the territory of Ukraine. ![]() The purpose of this draft law, in accordance with the explanatory note, is: MPs have laid the idea to increase the effectiveness of sanctions “related to the assets of individuals.” 302 MPs voted in favor of this decision. On April 21, the Verkhovna Rada adopted draft law 7194 on the confiscation of russian assets in Ukraine and abroad in the first reading and in general.
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