Open AccessPROBLEMS OF LEGISLATIVE REGULATION OF SANCTIONS IN UKRAINE IN THE CONTEXT OF INTERNATIONAL EXPERIENCE
Author(s) -
Yuliya Khobbi,
AUTHOR_ID
Publication year - 2021
Publication title -
pravovij časopis donbasu
Language(s) - English
Resource type - Journals
ISSN - 2523-4269
DOI - 10.32366/2523-4269-2021-77-4-51-59
Subject(s) - sanctions , legislature , political science , international law , context (archaeology) , law and economics , law , politics , sociology , paleontology , biology
The article examines the problems of determining the nature and types of international sanctions and their relationship with countermeasures. The term "coercive measures" covers both "sanctions" and "countermeasures", although these concepts are not equivalent. By their nature, sanctions are not a form of international responsibility, but a means of its implementation, as the goal is not to punish, but to restore violated rights. It has been established that sanctions refer to coercive measures that can be applied only by international organizations, and states can take countermeasures to protect and restore their violated rights. Coercive measures that can be used as sanctions or countermeasures are very similar and involve mostly means of economic and political influence. The main difference is in the scale of application and the subjects. Improper use of terms by representatives of states, which denote coercive measures applied to other states, leads to the substitution of concepts and negatively affects the legal regulation of their application. Based on the above and analysis of foreign experience in the legal regulation of sanctions, the following shortcomings of the Law of Ukraine "On Sanctions" were revealed: there is no clear mechanism for introducing international sanctions and national countermeasures, a system of effective monitoring of these sanctions and bringing to responsibility for their violation, a debatable circle of subjects, against which sanctions are imposed. In order to eliminate these shortcomings, it is proposed to legally differentiate between international legal sanctions applied by international organizations and autonomous countermeasures in response to violations of the rights and legitimate interests of the state. Taking this into account, an appropriate structure in the Ministry of Foreign Affairs should be established to monitor the implementation of sanctions decisions, as well as involve relevant ministries under the general supervision of the National Security and Defense Council of Ukraine. A separate problem is the procedure for bringing to justice those guilty of violating the sanctions. Responsibility for violating the sanctions regime is not provided either by the Law of Ukraine "On Sanctions" or by sectoral codes.