The European Court of Human Rights has, for the first time, issued a ruling concerning Ukraine’s sanctions policy

In the case of “MSL LLC v. Ukraine,” the ECHR found a violation of the European Convention on Human Rights, particularly due to the lack of individualized justification for the sanctions and the absence of effective judicial oversight.

This ruling is not a defeat for the state but rather an important signal for reform. Tetiana Khutor, Head of the Institute of Legislative Ideas, noted in a column for Ekonomichna Pravda:

“Ukraine has the opportunity to treat this as an incentive for improvement, so that its sanctions policy becomes more effective and aligned with European standards.”

The ECHR emphasized that even in wartime, the state cannot act without proper oversight from an independent judiciary. According to experts, this requires the Supreme Court to shift from a formal to a substantive review of sanctions decisions.

Draft Law No. 12406, which introduces criminal liability for violating sanctions, could become an important step toward aligning Ukrainian legislation with EU standards and protecting the state from future lawsuits before the ECHR.

“We have a unique opportunity not only to strengthen our sanctions policy but also to shield the state from hundreds of future lawsuits and reputational losses,” Tetiana Khutor concluded.

The full column is available via the link.