ILI's response to the comments made by Petro Poroshenko's team
Our recent article published by European Pravda on the shortcomings of Ukraine's sanctions framework has sparked an active public discussion. We welcome the engagement of colleagues from the legal community in this important debate.
The purpose of our publication remains unchanged: to demonstrate that Ukraine's current sanctions architecture requires fundamental reform. Sanctions must become not an instrument of political influence, but an effective mechanism that meets European standards and addresses threats to national security. We consider any attempts by media outlets or information channels to manipulate our arguments outside the broader context of sanctions reform to be unacceptable and reject such distortions.
In light of the reactions received, we consider it necessary to clarify several key professional points.
The myth that sanctions cannot be imposed on EU citizens. The claim that the European Union does not impose sanctions on its own citizens is inaccurate. EU practice demonstrates the opposite, although such cases remain exceptional.
For example, the EU has sanctioned a Dutch citizen for trading Russian oil, as well as a German citizen for disseminating Russian propaganda.
Poland also imposes national sanctions on its own citizens. For instance, sanctions were imposed on a Polish citizen for facilitating the export of dual-use goods to the Russian Federation.
Legislative restrictions on imposing sanctions against a country's own citizens exist only in a limited number of partner states, including Moldova and Australia.
It is also worth recalling that the legal framework allowing sanctions to be imposed on Ukrainian citizens was established during Petro Poroshenko's presidency. According to the State Register of Sanctions, more than 700 Ukrainian citizens were sanctioned during his term in office.
Therefore, the key issue is not the citizenship of the sanctioned individual, but rather the manner in which sanctions are applied and whether fundamental human rights are respected.
Transparency of sanctions grounds and effective judicial review. Both the sanctioned person and the public should understand the reasons for the imposition of sanctions. The grounds for sanctions cannot remain entirely classified, as without access to this information, an individual is effectively deprived of the opportunity to defend themselves and challenge the state's specific allegations.
At the same time, judicial review must be meaningful. The Supreme Court should examine not only whether the sanctions decision complied with procedural requirements, but also whether there were sufficient substantive grounds for imposing the sanctions. This approach is required by the standards of the European Court of Human Rights, including its judgment in M.S.L. v. Ukraine.
Comprehensive reform in line with EU requirements is the only way forward. Ukraine's sanctions system requires a comprehensive review of both the number and substance of available sanctions measures. It should introduce an effective licensing mechanism for sanctions exemptions, including those necessary to meet basic humanitarian needs, establish an administrative appeals procedure, and provide safeguards for the rights of bona fide third parties.
At the same time, Ukraine must establish a system of sanctions reporting, effective monitoring of sanctions compliance, and liability for sanctions violations and circumvention.
These reforms are necessary not only to improve the effectiveness of Ukraine's sanctions policy. They also form part of Ukraine's commitments under the EU accession negotiation process.
Sanctions must serve national security alone. Once Ukraine's sanctions system becomes transparent, predictable, and accountable, there will be far fewer grounds for allegations of "political persecution."
ILI remains committed to advancing comprehensive sanctions reform. We are convinced that only systemic solutions can address the key challenges facing Ukraine's sanctions framework today and transform sanctions into a powerful instrument for protecting Ukraine's national security.