Court hearing in Poroshenko sanctions case should demonstrate genuine judicial oversight of sanctions, Head of ILI on Pershyi TV
The Supreme Court's review of the appeal against sanctions imposed on Ukraine's fifth president, Petro Poroshenko, will serve as a landmark test for Ukraine's entire sanctions system. This was stated by Tetiana Khutor, Head of the Institute of Legislative Ideas (ILI), during an interview on Pershyi TV.
"The Court must demonstrate whether it is prepared to assess not only whether the procedure for imposing sanctions was followed, but also whether the sanctions themselves are substantively justified. This case is important not only because it concerns Petro Poroshenko, but also because it will determine how Ukrainian courts approach judicial oversight of sanctions," the expert said.
According to Khutor, it will be important to see how the Court approaches cases involving the imposition of sanctions. In recent years, Ukraine has introduced a significant number of sanctions, including some that have raised legal concerns. At the same time, Ukrainian courts have so far largely confined their review to procedural compliance, leaving the assessment of the grounds for sanctions to the discretion of the President of Ukraine.
"The Court must exercise genuine judicial oversight. It is not enough to examine whether the proper procedure was followed. We must look deeper into the substance of the case and determine whether there were sufficient grounds for imposing sanctions," Tetiana Khutor stressed.
The Head of ILI believes that the Court's ruling will demonstrate whether Ukraine's judiciary is ready to provide comprehensive oversight of the state's sanctions policy. She also acknowledged that the proceedings may take considerable time due to the politically sensitive nature of the case.
"We understand that this case involves not only legal issues but also political considerations," the expert commented.
Tetiana Khutor calls for reforms to Ukraine's sanctions legislation aimed at making the sanctions system more transparent and predictable.
"We should not abandon an instrument that enables the protection of national security. However, we must establish a clear and robust framework governing how this instrument is applied," the Head of ILI underlined.
She added that individuals subject to sanctions must have access to an effective mechanism for judicial protection. At the same time, the legislation should provide exceptions to ensure the protection of fundamental human rights, including the ability to pay for medical treatment, legal assistance, and access one's own funds.
"The Institute of Legislative Ideas is already working on amendments to the Law on Sanctions in cooperation with the Government and other public authorities. If Parliament adopts these amendments, Ukraine's sanctions system will undergo fundamental reform and will fully align with European approaches and standards," Tetiana Khutor said.
She noted that the Petro Poroshenko case will become an important indicator of whether the Ukrainian judiciary is prepared to apply European standards of judicial review.
"The Court must demonstrate that it is conducting a full and meaningful review of the case, looking beyond the formalities to examine its substance," the Head of ILI concluded.
The full recording of the broadcast can be watched here: